The Allahabad High Court has initiated action after a news report revealed a woman's skeletal remains have been stored in an Etawah, Uttar Pradesh morgue for three years. The court has directed the state government to furnish a detailed report on the situation.
The bench, consisting of Chief Justice Pritinker Diwaker and Justice Ajay Bhanot, issued the following statement:
"At first glance, it seems that Article 21 of the Indian Constitution includes the right to perform dignified last rites and return mortal remains to nature in accordance with relevant customs."
The court also pointed out that, as per the newspaper report, even though a family asserted the remains belonged to their missing daughter, there was no confirmation of the deceased person's identity.
Therefore, the Court ordered the police and the State to provide directives regarding the following issues
"I. The duration required for conducting traditional last rites for a body in a morgue and the reasons behind the delay in this specific case."
"II. Are there any regulations in place that require state authorities to perform the last rites of a deceased person in a morgue within a designated period?"
"III. The instructions must encompass a detailed description of the investigative process and a timeline of events from the time the body was placed in the morgue until the present day."
"IV. The instructions must encompass the case diary and the progress of the investigations, including specifics such as the date of sample extraction and transmission to the Forensic Science Laboratory in Hyderabad for DNA profiling, along with the date of the DNA report."
The mention was made of Justice Bhanot's decision in the case of Sumpurnanand v. State Of U.P. and 2 Others, in which it was noted that...
"The hushed voices of the departed do not silence their presence or erode their entitlements. Deceased individuals possess rights that are no less significant than those of the living. The law upholds these rights, and the courts elevate them, with the right to reputation being a prime illustration."
Crucially, the Court emphasized that the right to reputation granted by Article 21 is applicable to individuals even after their passing.
Consequently, the Court assigned the role of Amicus Curiae in the case to Advocate Nitin Sharma, who serves as the Secretary of the High Court Bar Association at Allahabad High Court.
TAGS: Court appointment Advocate Nitin Sharma Secretary High Court Bar Association Allahabad High Court Amicus Curiae.
