Supreme Court Dismisses Plea Seeking Setting Up Of National and State Mortal Remains Management Disposal Protocol

A division Bench of Justices Ashok Bhushan and R S Reddy observed that these issues are already being taken up by the Court in the suo motu public interest petition and the petitioner should intervene through a proper intervention application.

Advocate Manoj V George, appearing for the petitioner however submitted that his petition was nog adversarial, and the petitioner was denied the right to his mother's dignified burial.

The Petitioner, G. Manohar in this case was aggrieved by the callous action and negligence of Manipal Hospital, Dwarka (New Delhi), who without any respect to the him and his family, denied a decent burial to his mother by handing over the dead body of the Petitioner's mother in the most undignified manner without any checking or verification, to a total stranger.

"He now has to live with the hard and bizarre truth that his mother's body was mistaken for some other Covid-19 victim and was given away for cremation by someone else denying him the sacred rights of doing the last rites to his mother. " - the plea read.

The Petitioner filed the present plea as he believes that this traumatic incident has happened due to the absence of a proper Mortal Remains Management Disposal Protocol in the country due to which such a disastrous and irreversible act has taken place. The complete lack of a proper system of checks and balances is leading to hospitals taking the excuse of being overburdened with dead bodies. The Petitioner's experience has been the most harrowing and therefore he hopes that this is never repeated with anyone who has to bury or cremate their loved one.

The Petitioner was also aggrieved by the fact that his mother's body was so carelessly stored without proper labelling or identification, with other highly infected Covid-19 bodies in the hospital's mortuary and due to a mix-up of bodies, was handed over to a stranger and his family for cremation. As a result of the hospital's complete disregard and negligence, the Petitioner and his family did not get to see or bury the mortal remains of his mother according to their religious rites and rituals.

The plea contended that the hospital's act is clearly violative of the petitioner's mother's Right to Life including her Right to Dignity and dignity in death as guaranteed under Article 21 of the Constitution of India. The hospital's act is irreversible and with no possibility of closure for the Petitioner and his family as they not only lost their mother but also lost the right to bury her.

Stressing on the need for a clear Mortal Remains Management Disposal Protocol, the plea highlighted the callousness of hospitals during the time of Covid-19 pandemic with reputed hospitals charging heavy fees and charges for treatment with no basic protocols in place, leading to unbearable pain and lifelong agony to the relatives of the deceased.

According to the petitioner, Manipal hospital did not show any remorse for its act knowing fully well that such indignity in death was afforded to Petitioner's mother due to their negligent actions and due to the lack of a proper Mortal Remains Storage and Management Protocol in the State of Delhi.

When the hospital was approached, they grudgingly stated that there may have been a possible mix-up of bodies.

" The utter casualness with which this sensitive issue was handled by the Respondent hospital authorities was proof of the fact that they felt they were above the law and that since there was no protocol that was in place, there was no violation and it was most harrowing for the Petitioner to watch the high-handedness of the Respondent hospital as it defended its callousness instead of feeling remorseful at their actions and had the audacity to ask the Petitioner to take the body that was 'made available' to him and to bury it according to their rites and rituals. The Respondent hospital then fabricated a story that another family that had come to collect the mortal remains of their mother, had given gangajal to that body both at the cremation site and at the Respondent hospital. This story was concocted by the Respondent hospital authorities to wash their hands of this grave error that could be not reversed and to foist the blame back on the Petitioner that it was he who was mistaken in identifying the body." - the plea read.

The plea cited the Supreme Court's order in the case of Pt Parmanand Katara, Advocate vs UOI and Anor (1995) where it was held that even a dead person has a right to dignity and fair treatment in respect of his dead body under Article 21 of the Constitution of India. Another judgement cited is the Top Court's order in the matter of Common Cause vs Union of India (2018) holding that the right to die with dignity is a fundamental right and therefore an integral part of Article 21.

The plea further stated that while there are various speciality and multi-speciality hospitals with separate departments putting all their energies to preserve life, there is no dedicated department to deal with the person once he has died. The body of the deceased ought to be treated with utmost dignity and not simply as a goods by the administrative authorities of an institution, and all care should be taken to ensure that there is a dignified burial, cremation or funeral arrangement based on the religious beliefs of the dearly departed.

The plea was drawn by filed by Advocate Shilpa Liza George and drawn by Advocates Manoj V. George and Renjith Philip, on behalf of the petitioner, Mr. G. Manohar.