Delhi Resident Wants His Body To Be Handed Over To Third Party After Death, Moves High Court To Bar Family From Performing Last Rites

A 56 year old man, suffering from a cardiac problem, has approached the Delhi High Court praying that his family be prevented from performing the last rites after his death. The Delhi resident instead wants his body to be handed over to a man who he treats as a son, claiming that the person looked after him in his bed-ridden days.

The plea filed by Kunj Bihari Bansal challenges Clause 7.1 of the Standard Operating Procedure (SOP) for mortuary framed by the Delhi Government which states that the dead body can only be given to the relatives.

Bansal has also prayed that his wife, daughter and son in law be restrained from claiming his dead body or perform his last rites.

In his plea, Bansal has alleged that his wife never allowed him to participate in the upbringing of their daughter and that the acrimony between them crossed all limits when he was not even invited in her daughter's wedding.

During the course of hearing today, Justice Yashwant Varma noted that the disclosures made in the petition reveal that there was serious acrimony between the parties. The petition prays that the SOP be interpreted in such a manner which would permit Krish Sharma to perform Bansal's last rites in the "unlikely event" of his demise, noted the court.

"Let counsel for respondent take instructions in the matter," the Court said while posting the matter for hearing on October 14.

The petition avers that Bansal has a right to choose the person who shall perform the last rites as it is his dead body which will be cremated, thereby challenging clause 7 of the SOP as being ultra vires his rights.

"The Petitioner humbly states that by way of the present Petition he is exercising his right to life,fair treatment and dignity derived under Article 21 of the Constitution of India together with his common law right with respect to disposal of his dead body post his death are his unalienable right as has been held by a catena of judgements passed by Hon'ble Apex Court & Hon'ble Delhi High Court wherein their Lordships hold that Courts should not lightly disturb the wishes of a testator/deceased," the plea reads.

Title: KUNJ BIHARIBANSAL v. RAJRANI &ORS.