Disposal of human body should be done with due respect: Calcutta HC issues guidelines for dignified disposal of dead bodies of COVID victims

The Calcutta High Court recently issued guidelines for the dignified disposal of the dead bodies of COVID-19 victims, including those allowing family members to have access to the bodies while following due safety norms.

. The Court issued the guidelines while disposing of a PIL that raised various grievances over the manner in which the State Government was monitoring the pandemic situation.

. The petition raised four grievances, namely:

Unceremonious and undignified disposal of dead bodies of persons inflicted with COVID-19

Not allowing relatives and friends of COVID infected persons to have a last look at or to pay last respect to the mortal remains and to perform the last rites.

No proper reporting of COVID-19 cases or COVID-19 deaths.

Publishing District wise lists containing names of all persons infected with COVID-19.

. Having considered the guidelines on dead body management in the context of COVID-19 issued on March 15 by the Union Ministry of Health and Family Welfare and the procedure laid down in the State Government Notification dated June 6, 2020, a Bench of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee issued the following guidelines:

. When post mortem of the dead body is not required, the dead body shall be handed over to the immediate next of kin of the deceased i.e. the parents/surviving spouse/children, after completion of hospital formalities.

The body should be secured in a body bag, the face end of which should be preferably transparent and the exterior of which will be appropriately sanitized/decontaminated so as to eliminate/minimize the risk to the people transporting the dead body.

The people handling the dead body shall take standard precautions, e.g., surgical mask, gloves, etc. If available and possible, PPE should be used.

The vehicle carrying the dead body to the crematorium/burial ground will be suitably decontaminated

The staff of the crematorium/burial ground should be sensitized that the bodies of COVID-19 victims does not pose additional risk. They will practice standard precautions.

The face end of the body bag may be unzipped by the staff at the crematorium/burial ground to allow the relatives to see the body for one last time. At this time, religious rituals, such as reading from religious scripts, sprinkling holy water, offering grains and such other last rites that do not require touching of the body, should be allowed.

After the cremation/burial, the family members and the staff of the crematorium/burial ground should appropriately sanitize themselves.

As a social distancing measures should be followed. Large gatherings at the crematorium/burial ground should be avoided.

The persons handling the dead body shall go directly from the hospitals to the crematorium/burial ground, as the case may be, and not to anywhere else including the home of the deceased where he/she last resided.

In case the body of a COVID-19 infected deceased is unclaimed, the same shall be cremated/buried as the case may be with due dignity, at State expense.

. Agreeing with the petitioner's submissions on this count, the High Court added,

. "The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living person but also to his mortal remains after his demise. Disposal of a human body, whether or not the person dies of Covid-19, whether by cremation or burial, should be done with due respect and solemnness." Calcutta High Court . The Bench further remarked,

"We also agree that the near and dear ones of a deceased person who had contracted Covid-19 should have an opportunity to have a final look at the human remains of the person and to pay their last respect and homage to the departed soul."

. The above-mentioned guidelines were framed while interpreting ‘dignified procedure of death’ in an expansive manner so as to include the dignified disposal of the human remains of a deceased .

. As regards the issue of relatives and friends of COVID-19 victims not being permitted to have a last look at or to carry out the last rites of the deceased, the Court relied on the Government Notification dated June 6, 2020.

. This notification already provided for an opportunity for the family members of the deceased to see the mortal remains and to pay their last respects.

. The Court went on to opine that it was satisfied with the measures taken by the State on the aspect of reporting COVID-19 cases/ deaths and the publication of the names of COVID-19 infected persons, district wise.

. No further direction was needed to be given in this regard for the time being, the Court said as it closed the case.

. Read the Judgment here:

Disposal of human body should be done with due respect: Calcutta HC issues guidelines for dignified disposal of dead bodies of COVID victims

Aishwarya Iyer

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