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INTRODUCTION
Law is considered important instrumental parts of society which included like: rules of conduct, action or behaviour of person, made and enforceable by State and main object of law is to bring peace and stability in society. Most of laws are basically made for living persons or individuals but as we look upon closely we can found that that there were also laws for dead. Decent burial of dead bodies and crimes against bodies because existence of two main areas where these laws were made upon. There is covenant in Geneva Convention 1949, which states that, “As far as military consideration allowed, such party in conflict shall guide steps to protect the killed” . In India onwards Constitution deals with right to have decent burial. Also, even Indian Penal Code deals with some of offences related to burial of deceased .
RIGHTS OF A DEAD PERSON & LEGAL REMEDIES
In earlier times itself concept is dead bodies have right to rest and should not get be disturbed in anyway . Most of civilizations, religions and culture all accepted this concept and followed it. In Modern world as a proper system of law and management has taken place, we can looked upon rights of dead person which were recognized under law of India.
UNDER THE CONSTITUTION
Constitution is basic legal documental of country and which explains basic fundamental rights and duties towards citizens. The protection of life and personal liberty that has been guaranteed under Article 21 of legal Constitution has been interpreted by Supreme Court in many ways . There were lot of rights which were included in Article 21 such as right to privacy, right against solitary confinement, right to legal aid, right to speedy trial etc. The Judiciary in many cases have observed and interpreted that right to have decent burial is also included in Article 21 of Constitution of aforesaid act.
Right to human dignity is not restricted anymore till living human being but available still even after death . This view recognized by Apex Court for first time and realized during public interest litigation filed by an Advocate [3]. Later, in many cases court held that Right to human dignity is also can be right granted under Article 21 of Constitution. In Ashray Adhikar Abhiyan v. Union of India, the court held that it is responsibility of State to have respected burial of deceased person as per own religious belief .
UNDER THE INDIAN PENAL CODE
Section 297 of Indian Penal Code says person can be punished for imprisonment either description for term which may be extends up to one year, or with fine, or with both. Recently Madras High Court recently in case of doctor, who got died due to COVID-19 infection, where due to large mob presence and opposed towards burial of body and that had observed that “ scope and ambit of Article 21 includes right to have decent burial”, the court invoked and highlighted in Section 297 of IPC .
Section 499 under Indian Penal Code which deals with defamation, and even defines libel or slander against dead person for contributes offence of defamation . In Mrs Pat Sharpe v. Dwijendra Nath Bose, the court held that, “even if Netaji is dead, it is defamation because representing would have harmed his reputation if alive and representing to be hurtful due to feelings of his family or other nearby relatives”. Thus, in any view of matter the words used to totally amount defamation .
Section 503 of Indian Penal Code which deals with criminal intimidation includes threatening person with unlawfully defames dead person neared to him is considered to be an complete offence . The simple frightened without having real intention leads to cause harm cannot bring act under criminal intimidation. The mere exchange of words cannot be constructed as criminal intimidation. Any person who commits offence under Section 503 of IPC must be punishable with imprisonment of up to either description for term which may be up to 2 years or with fine or with both .
CONCLUSION
The law has not yet defined who is dead person actually but has recognized some rights towards dead person as of living person. The rights and legal remedies available to dead person as per mentioned under granted Article 21 of Constitution and Sections 297, 404, 499 and 503 of IPC. The state should needs to be responsible for maintain and removal of body which becomes dangerous with safety of other living being , so needs very adequate disposal. Also unclaimed dead body has also needs to be claimed by state for purpose of investigation of crime if committed on human being, who did not die naturally or any scientific investigation or research done under medical education etc.
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