The Kerala High Court recently stepped in to ensure the dignified burial of a 71-year-old Indian man who died in March 2025 in the United Arab Emirates (UAE) and whose body remained there due to a dispute between his relatives as to where he should be buried [Mary Victoria v Ministry of External Affairs & ors].

Justice PV Kunhikrishnan passed the order after observing that disputed between the deceased man's relatives as to whether he should be buried in India at the family tomb or abroad cannot indefinitely prolong his burial.

The Court further emphasised that every person deserves a dignified burial regardless of their financial or social status. Ensuring a decent burial is the responsibility of relatives, society, and ultimately the State, if the others fail to fulfil that duty, the Court said.

"It is the duty of each and every one of us to see that the dead body of a person is buried decently, whether he is a poor man or a wealthy man. There is no ‘poor man's dead body’ or ‘wealthy man’s dead body’. Let us not call it like that. Death has erased those distinctions. The mortal remains of all human beings are similar. A dead body deserves no label, but it deserves respect and dignity. This is part of the right under Article 21 of the Constitution of India," the Court added in its October 28 ruling.

Robert Francis Sahayan, a 71-year-old Indian citizen, died by suicide in the UAE on March 26, 2025 and since then, his mortal remains had been kept at the forensic laboratory of a hospital in Ajman.

His niece, Mary Victoria, approached the High Court seeking directions to bring his body back to Kerala for burial at the family tomb at St Andrews Church in Kollam.

However, another relative, his nephew, sought to conduct the funeral rights in the UAE itself.

The conflicting requests prevented the Indian Consulate from proceeding with the repatriation of Sahayn's mortal remains to India.

On October 22, the Court directed the Ministry of External Affairs and Indian Consulate to arrange for the repatriation, with the niece bearing the expenses.

When the matter was taken up again on October 28, the Court expressed concern that a disagreement between the relatives over the place of burial had left the body unburied for nearly one and a half years.

"What a sorry state of affairs is this!" the Court remarked.

The Court proceeded to direct the Thekkumbhagam and Sasthamcotta police to ensure the deceased man's dignified burial and permitted his niece to conduct the funeral rites at St Andrews Church, subject to the church authorities' consent.

It also directed that the burial should be completed within four days of receiving the body and instructed the Kollam District Medical Officer to make arrangements for its preservation until then.

The Court clarified that any dispute concerning rights over property left behind by the deceased could be pursued separately and should not prevent his burial.

The matter will be heard again on November 26.

Advocates Dhanesh V Madhavan, Muhammed Shadi Shabeeb PS and Devika KR represented the petitioner (deceased man's niece).

Deputy Solicitor General OM Shalina appeared for the Union government.

Advocate Jawahar Jose for NORKA ROOTS.

Advocates Gokul R Nair and S Sivachalam for the deceased man's nephew.

[Read Order]