NHRC says dignified disposal of human remains is necessary; issues notice to States and UTs calling for reports within six weeks

New Delhi: 21th February,2023

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of the issues related to the cremation and undignified treatment of dead bodies as raised by Dr. Jitendra Singh Shunty, a member of its Core Group of Human Rights Defenders, and for over 27 years has been involved in the free cremation of unclaimed dead bodies and related services. It has issued notices to all State Governments and Union Territories, through their Chief Secretaries and sought responses within six weeks to know the extent they can ensure dignity for the dead by formulating policy, if possible at their end or by way of administrative orders and strict implementation thereof by empowering various local authorities on the following points:

A. The material like wood, etc. required for the cremation of dead bodies should be provided free in all cremation grounds, throughout India, at least for the poor and needy families;

B. The cremation of dead bodies by CNG/Electric system, in electric cremation grounds, should be free to all the poor and needy persons, throughout India;

C. Most Hospitals are not having mortuaries resulting in the decomposition of dead bodies. It is necessary that the hospital have such facilities;

D. All Government or private hospitals should be directed to provide free transportation of the dead bodies to their respective residences.

E. Necessary orders/directions may please be issued to all private hospitals that they may not hold the dead bodies hostage, due to non-payment of the medical bills by their families or for any other reason whatever may that be. Strict legal action should be taken against the offender hospitals, making dead bodies hostage.

The report must also contain as to whether the States/UTs have taken steps about disseminating information, raising awareness, sensitization, and training the staff dealing with the dead bodies in the humanitarian aspect with a view to tackling the situation of unclaimed dead bodies. The report also must specify steps that are taken or proposed to be taken regarding the issuance of directives to the private hospitals for not withholding the dead bodies for non-payment of medical bills by the family members of the deceased.

The Commission has annexed with the notices its Advisory on the “Right to Dignity of Dead” issued during the Covid -19 Pandemic to the authorities.

Issuing the notices, the Commission has observed that it is axiomatic that the Right to Dignity and Fair Treatment, under Article 21 of the Constitution of India, is not only available to the living man but also to his dead body. Civilization, over the years, coupled with religion, tradition, and cultural practices has influenced the manner in which the dead bodies are being managed, both in times of war and peace. It is at the same time true that different communities and societies pay respect to the dead, through their respective religion and traditional practices and more so, through legal frameworks, whereby it is underlined that honour and respect for the dead body is a basic recognition of inherent human rights of dignity, which an individual possesses prior to his death. Undignified treatment and careless desecration of the dead body is highly condemnable by the societies at large and therefore, the importance that people place on the dead body reflects the humanitarian outlook of the society at its very core.

The Commission has further observed that it is conscious of the fact that Article 130 of the Fourth Geneva Convention (International Humanitarian Law) states that the dead bodies must be honorably buried/cremated, appropriate to religious and cultural traditions of the person, if ascertainable. The Geneva Convention was ratified by India in 1950, making it legally binding to provide for explicit provision relating to the dignified treatment and disposal of dead bodies.

It becomes trite law that the right, encompassed or referred by Article 21 of the Constitution of India, cannot be waived, even on the death of a person, till the time, corpse has been disposed of in a dignified manner. The issue became of seminal importance during COVID-19, when the dead bodies were not being touched; even families/relatives were not ready to perform funeral/burial; the dead bodies were floated in rivers without cremation, the Commission came up with an Advisory “Right to Dignity of Dead”.

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