Dog Nibbling Away at Dead Body in UP Hospital: Dr Ashwani Kumar Writes To CJI Seeking Uniform Protocol To Deal With Dead Bodies

The representation has been made by former Union Law Minister, Dr. Ashwani Kumar, in the backdrop of 'heart wrenching' incident in a UP hospital reported across media, showing a dog nibbling away at the remains of a dead girl dumped on a stretcher in a corridor inside a hospital.

"The visuals represent the ultimate in callousness and insensitivity for the dignity of the dead, repeatedly affirmed by this Court as a non-negotiable right at the pinnacle in the hierarchy of fundamental rights.

The visuals represent the ultimate in callousness and insensitivity for the dignity of the dead, repeatedly affirmed by this Court as a non-negotiable right at the pinnacle in the hierarchy of fundamental rights," the Senior Advocate wrote.

He referred to the Supreme Court's judgments in Kharak Singh v. State of UP & Ors., 1964 SCR (1) 332), the Constitution bench judgment in Common Cause v. Union of India, (2018) 5 SCC 1, etc., where the right to dignity of die with dignity was upheld.

He also referred to recent judgments of the Madras High Court in a Suo-Motu PIL and Bombay High Court in Pradeep Gandhy v. State of Maharashtra, declaring a fundamental right to die with dignity embracing right to decent burial or cremation.

In this backdrop he said,

"At a time when daily mounting deaths in hospitals is a painful reality as is the piling up of dead bodies in mortuaries, the need for an enforceable and strictly observed protocol for dealing with dead bodies consistent with the dignity of the dead is an absolute imperative.

A uniform protocol to deal with dead bodies in the hospitals and mortuaries throughout the country needs to be put in place at the earliest in the present emergent and extraordinary situation. Let it not be said that a dignitarian democracy failed to live upto its most important obligation."

He has urged the Top Court to take suo moto notice at the earliest of the heart rending visuals on TV and issue suitable binding guidelines, directions, writ, orders as deemed fit to ensure that throughout the country necessary protocols are established to deal with dead bodies, particularly in hospitals and mortuaries consistent with the dignity of the dead.

A 20-second video of a stray dog nibbling at the dead body of a girl inside a Government hospital in UP's Sambhal district went viral last week. The disturbing incident took place on Thursday after the girl was brought to the hospital following a road accident.

NDTV reported that the hospital administration told ANI there was indeed a stray dog menace inside the hospital and that they had written to local civic authorities, but no action was taken.