The Kerala High Court on Thursday paved the way for a man to pay his respects to the mortal remains of his deceased live-in partner. [Jebin Joseph v. State of Kerala]Justice Devan Ramachandran said that the man, one Jebin Joseph should be allowed to attend the last rites of his partner Manu, so long as Manu's family does not object to it.The judge also directed the government pleader to ensure that Joseph is provided with whatever support he requires to attend the funeral.While ordering so, the Court observed that legal precedents, international human rights schemes and legislations starting right from the Geneva Convention of 1949, make it clear that the right of an individual to decent and dignified burial remains inviolable and beyond question."This court has no doubt that the constitutionally protected and guaranteed right of every individual to dignity and fair treatment especially under Article 21 of the Constitution of India cannot be construed to cease with death but continues at least until such time as the mortal remains are dealt with the respect that it commands. Through judicial interventions these rights have obtained restatements over time and it has now become settled through a catena of precedents hence virtually having the force of law," the Court stated.The Court was considering a petition moved by Joseph whose partner Manu met with an accidental death on February 3.He sought to get the body released from Aster Medcity hospital which was demanding payment of an amount of ₹1.3 lakh to do the same.He submitted that he had been told that the body would not be released to him in any case because he is not recognised to have any rights under any legislative or customary laws, Joseph argued.The petition stated that Manu's parents and other family members had given up on him solely because they objected to his life choices, particularly the fact that he was a member of the LGBTQIA+ community.Joseph argued that for all intended practical purposes, he becomes the only surviving person with any interest in Manu's mortal remains. Therefore, he is entitled to receive the body so that he can give his late partner the farewell he deserves.At the hearing on Thursday, the counsel for Joseph submitted that members of LGBTQIA+ community are more sensitive than others and the death of a partner affects them greatly. They said that the lack of respect shown to the mortal remains has been cataclysmic to their client, in addition to being contrary to the public spirit of the nation.The Court was also informed that Joseph had managed to crowdfund ₹1 lakh and that Manu's brother had come to the hospital to collect the body.Therefore, the counsel requested the Court to allow Joseph to collect the mortal remains or to participate in the funeral rites if they are conducted by Manu's family.The counsel for the State said that they trying to help as much as possible and are willing to provide any support necessary going forward.The State also offered to have police personnel present when Joseph meets Manu's brother at the hospital.While the counsel for Joseph requested the Court to lay down the law as to certain rights of live-in partners, Justice Ramachandran opined that such an exercise would be merely academic as Manu's brother had no objection to Joseph attending the funeral.Joseph was represented by advocates Prashanth Padmanabhan, Padma Lakshmi and Haseena T.
TAGS: Kerala High Court Live-in partner Funeral rights LGBTQIA+ community
