The court directed that the body ought to be protected in a body bag (Representational)


The Calcutta High Court on Wednesday directed that the body of a COVID-19 client will be turned over to the household for cremation after conclusion of health center procedures, offered post mortem of the dead body is not needed.

Observing that the right to self-respect and reasonable treatment under Article 21 of the Constitution is not just readily available to a living individual however likewise to his body after his death, the court stated that it is of the view that the right to live a dignified life extends approximately the point of death consisting of the dignified treatment of death.

” We are inclined to translate the expression “dignified treatment of death” in an extensive way so regarding consist of dignified disposal of the human remains of a departed,” a department bench making up Chief Justice TBN Radhakrishnan and Justice Arijit Banerjee stated.

It directed that the body ought to be protected in a body bag, the face end of which must be ideally transparent.

” Disposal of a body, whether the individual passes away of COVID-19, whether by cremation or burial, must be made with due regard and solemness,” the court observed.

The bench directed that the face end of the body might be unzipped by the personnel at the crematorium or burial ground to enable the family members to see the body for one last time.

At this time, spiritual routines that do not need touching of the body ought to be enabled, the court directed, keeping in mind that individuals managing the body will take basic preventative measures like using masks, gloves, and so on

The court directed that the individuals managing the body will go straight from the medical facilities to the crematorium or burial ground and not to anywhere else consisting of the house of the victim.

Passing the order on a PIL, the department bench directed that the federal government ought to recommend extra affordable steps as might be encouraged by medical professionals.

Observing that customs and cultural elements are intrinsic to the last rites of an individual’s body, the bench stated that the right to a good funeral service can likewise be traced to Article 25 of the Constitution which offers liberty of conscience and complimentary occupation, practice and proliferation of religious beliefs topic to public order, morality and health.

The court observed that the conventional belief in the nation is that unless the last rites are carried out prior to the burial/cremation, the soul of the victim will not rest in peace.

Noting that this belief is rooted which it likewise has a nostalgic and psychological element, the court stated that it strongly thinks that the relative of a victim who is contaminated with COVID-19 ought to not be denied of the right to carry out the last rites, based on them taking all required preventive steps.