Critical Analysis on right to decent burial of victim of covid 19

and the right to last rites of the family with respect to the
southern Districts of Tamilnadu

Non doctrinal Research submitted to 

THE TAMILNADU DR. AMBEDKAR LAW
UNIVERSITY, CHENNAI 

In partial fulfilment of the requirement for the award of the degree of 

MASTER OF LAW 
IN 

CONSTITUTIONAL LAW AND HUMAN RIGHTS 

By

JAYALAKSHMI V

Register No: PH20010 

Under the Guidance and Supervision of

Mrs. RUBA V M. A., M. L.,

ASSISTANT PROFESSOR   

GOVERNMENT LAW COLLEGE

TIRUNELVELI. 

GOVERNMENT LAW  

COLLEGE TIRUNELVELI 

JULY - 2021

1
 CERTIFICATE

This is to certify that the Non doctrinal Research entitled “Critical

Analysis on right to decent burial of victim of covid 19 and the
right to last rites of the family with respect to the Southern
Districts of Tamilnadu”, is a bonafide work done by
JAYALAKSHMI V Register No. PH20010 in partial fulfilment of
requirements for the award of the Degree of MASTER OF LAWS IN
CONSTITUTIONAL LAW AND HUMAN RIGHTS in Govt Law
College Tirunelveli, under Tamilnadu Dr.Ambedkar Law University
and the same is the work carried out by her under my guidance and
supervision, and this work has not been submitted for the award of
any degree or diploma to the any other institute or University.

Place: Tirunelveli

Date: 28-07-2021 Mrs. RUBA V

2
 ACKNOWLEDGEMENT

The outcome of this present Non doctrinal Research work has

been possible only with the help of the support, inspiration and

academic assistance from various people. I express my heartfelt

thanks to my Guide Mrs. RUBA V

I would like to extent my sincere thanks to my professors for

their kind cooperation throughout my degree course. Finally, I am

grateful to my beloved parents and friends, who have always inspired

me and whose affection and blessings has always been my guiding

beacon.

JAYALAKSHMI V

3
S. No CONTENTS Page no

1 CERTIFICATE 2

2 ACKNOWLEDGMENT 3

3 CHAPTER I 5-9

4 CHAPTER II 10 - 14

5 CHAPTER III 15 - 20

6 CHAPTER IV 21 - 25

7 CHAPTER V 26 - 29

8 BIBLIOGRAPHY 30

9 ANNEXURE 31 - 33

TABLE OF CONTENTS

4
 CHAPTER I

INTRODUCTION

1.1 ABSTRACT

Humans are born with several rights. Some rights are human right which is exit from
its inception and some are legal rights provided by the legislature. These legal rights are
protected by the imposing duties to the person. The question is that what will happen or what
are the rights after the death of the person because such legal rights are enacted for the living
being. In India there is no specific legislation for the rights of dead person and management
of the dead bodies. However, the Indian judiciary in many cases acknowledged the right to
burial or crimination is a fundamental right under Article 21 of the Indian Constitution. There
are various global instruments also which admitted the right to decent burial. In the horrific
visual of Covid-19 pandemic, there is serious issue raise regarding the management of dead
bodies and right to reputation of dead person. In this article examine national as well as
international laws in the context of right of the dead person in the time of Covid-19
pandemic.

After a mob of local people obstructed the burial of a doctor who died from COVID-
19, the Madras High Court registered a Suo moto PIL over the issue, asserting that Article 21
of the Constitution also entails the right to have a decent burial. While recounting that the
Supreme Court itself has opined that the right to life under Article 21 cannot be restricted to a
mere animal existence, and that it means more than just physical survival, the Bench of
Justices M Sathya Narayanan and M Nirmal Kumar observed “In the considered opinion of
the Court the scope and ambit of Article 21 includes, right to have a decent burial.”

Key Words

Right to burial, Right to last rites, Right to reputation, Human rights and Covid-19 pandemic

1.2 INTRODUCTION

The personality of human being may be said to commence with his birth and cease
with his death. Sir John William Salmond points three things in respect of which anxieties of

5
living men extend beyond the period of their death that is dead men’s body, his reputation
and his estate.1Although the dead man’s corpus is the property of no one but the law seeks to
ensure its decent burial2 or cremation.3 International Humanitarian Law which has been
developed to regulate and humanize armed conflicts. It contains a number of clear and
concrete obligations incumbent to belligerent parties on the management of dead bodies,
which provide the legal framework for humanitarian forensic action. 4 It is the legal obligation
under the international humanitarian law to search for and collect the dead body. 5 To enable
persons to establish crematoria and to provide for the regulation of the burning of human
bodies New Zealand enacted the specific act in order to make provision for the burial of
deceased persons.6 The Parliament of the United Kingdom enacted an act 7 in order to handle
the COVID-19 pandemic.

Therefore, we find that on one hand where there are various international provisions
for the dead person’s burial and on the other hand while dealing with coronavirus pandemic
which slowly turning into a horror story there is challenge not only for the human being for
their survival and right to life but there is very dangerous situation in front of us while
dealing with the patients who are died during this coronavirus pandemic.

1.3 SIGNIFICANCE OF THE STUDY

Right to a decent burial, commensurate with the dignity of the individual, is

recognized as a facet of the right to life guaranteed by Article 21 of the Constitution. There is,
thus, no reason as to why an individual who dies during this period of crisis because of
suspected/confirmed COVID-19 infection would not be entitled to the facilities he/she would
have otherwise been entitled to but for the crisis. Living persons have many rights such as
right to life, right to livelihood, right to air, right to food, right to education etc., Likewise the
dead persons have also some rights one of its important right is right to decent burial or
cremation. Even though they were dead due to the COVID 19, their right cannot be denied.

1
Fitzerland, P.J.Salmond on Jurisprudence, (12th ed.), p.301
2
R.v.Stewart (1840) 12 AD and E 1773.
3
R. v Prience, (1884) 12 QBD 247
4
Gaggioli G. International Humanitarian Law: The legal framework for humanitarian forensic action
5
Article 3 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies
in the Field. (1929)
6
Burial and Cremation Ac, 1965
7
The Coronavirus Act 2020

6
The significance of the study is to analyse the right to decent burial is ensured in the time of
COVID 19 pandemic and to examine the status of aforesaid right before and after pandemic.

1.4 OBJECTIVES OF THE STUDY

This research study is being conducted about

 To examine the right to decent burial and the right to last rites in the time of COVID-
19 pandemic.
 To find the factors behind the indecent burial.
 To find the legal protection to the deceased for decent burial.
 To find how far the right to last rites can be exercised by the family of the deceased
subjected to the guidelines of government.
This study has been confined up to the southern Districts of Tamilnadu.

1.5 HYPOTHESIS

 Inadequate or delayed treatment given to the victim of COVID 19 leads to the

massive death of the patients
 Massive death resulted in the failure of ensuring the right to decent burial and right to
last rites of the family of victim of COVID 19
 Absence of the family of the deceased in funeral leads to indecent burial
 Guidelines given by the Government were not properly followed by the persons who
performed the funeral of the deceased
 The funeral of the deceased of COVID 19 is not done as per their religious believes

1.6 RESEARCH METHODOLOGY

The methodology adopted in this paper is Non doctrinal method. In this paper,
national and international instruments, Constitutional provisions and other relevant statutory
materials besides relevant case laws and guidelines of WHO and Ministry of Health of India
have been analysed. This research including questionnaire method thereby analyse whether
the right to decent burial is ensured in the time of COVID 19 pandemic.

7
1.7 LITERATURE REVIEW

 In Article “COVID 19 and the Right to decent burial” the author Akarsh Tripathi
states about the right to decent burial under Article 21, the guidelines of WHO and
Ministry of Health and the global scenario of right to decent burial
 In Article “FUNDAMENTAL RIGHT TO DECENT BURIAL AND RIGHT TO
REPUTATION OF DECEASED: A LEGAL STUDY DURING COVID-19
PANDEMIC” the author Prashant Kumar Varun, Research Scholar, Faculty of
Law, University of Lucknow states about the Judicial Articulation of constitutional
provision of the rights of deceased, Guidelines regarding funeral, cremation of dead
bodies during coronavirus pandemic.
 In Article “Right to decent cremation: a new feather in Fundamental Rights?”
written by YOGESH BAINS it was stated about the meaning and concept of right to
decent burial, Laws related to dead persons and the International Treaties and Laws.
 In Article “RIGHTS OF THE DEAD” by A. Nasim, P. Beena, Dept. of Public
Administration, Bharathiar University,Coimbatore, Tamil Nadu, India stated about
Legacy of death, who is a human being, Rights of deceased under Indian Penal Code.
 In Article “RIGHTS OF THE DECEASED: ARTICLE 21” Written by Anagha
Nair it was stated about the crimes against corpse, provisions of rights of dead under
penal code.
 In Article “Expansion of Article 21 to include Right to have a Dignified Funeral
of COVID-19 dead victim” by Arya Anand, Vivekananda Institute of Professional
Studies, Guru Gobind Singh, Indraprastha University states about the interpretation of
judiciary regarding covid-19 dead bodies right to have dignified funeral, comparative
analysis with respect to U.S.A and U.K legislations.
 In Article “Right to dignified, decent cremation” by Dinesh Singh Chauhan it was
stated about Whether the Human Remains / Dead Bodies of persons inflicted with
Covid-19 can be disposed of by the administration unceremoniously and in an
undignified manner without even a semblance of showing respect to the mortal
remains?

8
  Article “In Death, there is no end to agony” BY Paras Nath Singh states about
Right of dignity in death, A decent funeral in COVID 19.
 Article “The Re-emergence of Pandemics and the Right to Burial” by Dhanishta
Mittal and Deepanshu Mittal states about various sensitive issues held in COVID 19
pandemic.

1.8 SCHEME OF STUDY

Chapter I deals with the General Introduction, Significance of the study, Objectives of
the study, Hypothesis, Methodology involves, Literature review and Scheme of study.

Chapter II deals with the Rights of dead person and concept of decent burial which
includes the rights of dead, the religion and custom effect of decent burial, legal framework
of rights of decent burial in India, International Covenants on rights of dead.

Chapter III deals with the Right to decent burial with the ambit of Right to life,
COVID 19 pandemic and right to decent burial, WHO Guidelines on Burial, Cremation of
Dead Bodies Ministry of Health: Guidelines on Dead Body Management

Chapter IV deals with the Data Analysis which includes Question bank, Analysis of
Answers and Result of the Data Analysis

Chapter V deals with the Conclusion including the Suggestion and Recommendation
of researcher.

9
 CHAPTER II

RIGHTS OF DEAD PERSON AND CONCEPT OF DECENT

BURIAL

2.1 RIGHTS OF DEAD

Every corpse has the right to rem in silent. From time immemorial it is believed that
corps have the right to rest undisturbed and unmolested. Even in the tomb of the Christian
community an inscription like RIP (Rest in Peace) which means Rest in Peace can be seen. In
the book ''Burial of the Dead'' written by William Henry Francis Bsevi clearly specified that
''Across history, cultures with almost no other rituals in common treat their dead with
reverence''. The notion of respect is so rooted that we even agree to deal gently with the
bodies of our enemies.

Article 21 of Indian constitution guarantees every individual the fundamental right to

life and personal liberty, this right to life encompasses the right to enjoy one’s life with
dignity. While we may enjoy this right for the living there has an outcry for rights being
extended to the dead too.

Many Indian cultures hold the respect of a dead person’s body in high regards and
these cultures needed to be reflected in the laws of the nation. The current pandemic has
shone light on this matter yet again where the rights of the dead have been brought out to the
front stage with more deliberation and discussion.

2.2 THE RELIGION AND CUSTOM EFFECT OF DECENT BURIAL

(i) Hindu

The Hindu faith prefer to die at home, surrounded by their family who will keep vigil.
According to Hindu funeral customs, the body remains at the home until it is cremated, which
is usually within 24 hours after death. The ashes are typically scattered at a sacred body of
water or at some other place of importance to the deceased.

10
At the service, referred to as a wake, mourners may dress casually. White is the preferred
colour for both males and females. Black is considered inappropriate. An open casket will be
present with a priest or “karta” presiding over the proceedings. Hymns and mantras are
recited and some services include a fire sacrifice (home). Offerings are made to ancestors and
gods. Flowers may be offered, but bringing food is not part of the Hindu custom. There is
always an open casket and guests are expected to view the body. The Hindu priest and senior
family members conduct the ceremony. Ten days later, a ceremony is held at the home of the
deceased in order to liberate the soul for its ascent into heaven. Visitors are expected to bring
fruit. The mourning period ranges from 10 to 30 days after the death.

(ii) Christian

Christian funeral services serve the same purpose: to pray for the soul of the deceased
and offer comfort and support to the bereaved. The typical Christian funeral includes:

 An opening statement lead by the priest or minister. Depending on the religion, the
service may open with a prayer, a statement that shows support to the bereaved, or a
combination of both.
 Prayers and hymns are read and sung throughout the funeral. Guests are often
encouraged to read or sing along at appropriate times.
 Scripture readings are a common part of most services. Similar to prayer and hymns,
the specific readings and their placement in the ceremony differ by religion.
 A remembrance given by a close friend or family member honours the life and gifts of
the deceased.
 The service ends with closing words given by the minister. He states that the service
is over and leads the procession to the cemetery.
 Graveside services also differ by religion, but all services have some form of words of
committal in which the minister either reads a prayer, praises Jesus and prays for the
soul of the deceased.

Christian funeral services focus mainly on the deceased’s entry into Heaven and God’s ability
to give the grieving strength to cope with their recent loss.

11
 (iii) Muslim

The Islamic religion views death as a transition to another state of existence called the
afterlife. Where you go in the afterlife depends on how well you followed Islamic religious
codes during your life. Muslims, practitioners of the Islamic faith, believe that if you lived a
good life, you will go to Paradise after you die. If not, you will be separated from all that is
good in the world.

Therefore, Islamic funerals serve not only to comfort the grieving, but also to pray to
Allah, the Islamic word for God, to have mercy on the deceased. An Islamic funeral is
considered a community event. Muslims believe a funeral to be a very spiritual occasion.
Everyone in attendance participates in group prayers, in which mourners pray that Allah will
have mercy on not only the deceased but also on all deceased Muslims.

Islamic funerals are to help mourners cope with their grief, but are also meant to offer
hope for a good afterlife for the deceased. The service lasts 30 to 60 minutes.

2.3 LEGAL FRAMEWORK OF RIGHTS OF DEAD PERSONS IN INDIA

The Indian Penal Code defines word “person” as it includes any company or
association of body of persons whether incorporated or not. 8 It is punishable whoever by
secretly burying or otherwise disposing of the dead body of a child whether such child dies
before or after or during its birth with intention to conceal or endeavours to conceal the birth
of such child.9

Even if the body is denuded of the life, life and body together forms a human being.
When we deal with the testamentary succession the Indian succession Act, 1923 10 provides
for execution of the will of a person, after he has died.

In order to provide for the regulation of removal, storage and transplantation of

human organs for therapeutic purposes and for the prevention of commercial dealings there is
specific act known as the Transplantation of Human Organs Act, 1994. In this act it is
provide that a person has a right of protection of his dead body, to be mutilated, wasted or its

8
Section 11, Indian Penal Code 1860.
9
Section 318 of Indian Penal Code, 1860.
10
Act No. 39 OF 1925

12
organs to be taken out, except by the consent of the person, when he was alive or on the
consent off his kith and kin or the state if the body is unclaimed.

The right to decent burial comes under the Indian Penal Code. When anyone trespasses on a
place of sepulchre, indignity to a corpse or disturbance to person assembled for funeral
ceremonies, is committed the cognizable offence.11

It is as follows: “ Whoever, with the intention of wounding the feelings of any person,
or of insulting the religion of any person, or with the knowledge that the feelings of any
person are likely to be wounded, or that the religion of any person is likely to be insulted
thereby, commits any trespass in any place of worship or on any place of sculpture or any
place set apart for the performance of funeral rites or as a depository for the remains of the
dead, or offers any indignity to any human corpse, or causes disturbance to any persons
assembled for the performance of funeral ceremonies, shall be punished with imprisonment
of either description for a term which may extend to one year, with fine, or with both.”

Whenever any person threatens to cause injury to the reputation of another person or
dead person by any means he will be guilty of Criminal intimidation 12 under the Indian Penal
Code.

2.4 INTERNATIONAL COVENANTS ON RIGHTS OF DEAD

Many international covenants and laws deal specifically the rights of the dead. Some
are described below.

(a). Article 16, II nd paragraph of Geneva Convention 1949 IV provides “As far as military
consideration allows, each party to the conflict shall facilitate the steps taken to protect the
killed – against ill treatments

(b). Article 3(a) of the 1990 Cairo declaration on Human Rights in Islam provides “In the
event of the use of force and in case of armed conflict- it is prohibited to mutilate dead
bodies.

11
Section 297 of Indian Penal Code, 1860.
12
Section 503 of Indian Penal Code 1860.

13
 (c). Australia’s Defence force manual (1994) provides “The remains of the dead ,
regardless of whether they are combatants , non- combatants, protected persons or civilians
are to be respected ,in particular their honour, family rights, religions convictions and
practices and manners and customs at all times they shall be humanely treated.

(d). The Central African Republics Iristacors Manuel (1999), states in volume 2 that
“Dead enemy must be treated well”

(e). The UK Military Manual (1958) states “The dead must be proteced against
maltreatment”

(f). The US Field Manuel (1956) provides that “Maltreatment of dead bodies” is a war
crime.

(g). US. Naval Hand book (1995) provides that mutilation and other mistreatment of the
dead are representation of war crimes.

(h). UN Commission on Human Rights: In a resolution adopted in 2005, on human rights

and forensic science, the UN commission on Human Rights underlined” The importance of
dignified handling of human remains, including their proper management and disposal as
well as of respect for the needs of families.

(i). The Turku Declaration of minimum Humanitarian standards: The Turku Declaration
of minimum Humanitarian standards, adopted by an expert meeting convened by the Institute
for Human Rights of Abo Akadami University in Turko/Abo – Finland in 1990, states Every
possible measure shall be taken without delay- to prevent (the dead) being despoiled

14
 CHAPTER III

ROLE OF JUDICIARY IN RIGHT TO DECNET BURIAL AND

GUIDELINES OF WHO & MINISTRY OF HEALTH

3.1 RIGHT TO DECENT BURIAL WITHIN THE AMBIT OF RIGHT TO

LIFE

‘Everyone has the right to life, liberty and the security of person.’ The right to life is
undoubtedly the most fundamental of all rights. All other rights add quality to the life in
question and depend on the pre-existence of life itself for their operation. There would have
been no Fundamental Rights worth mentioning if Article 21 had been interpreted in its
original sense. Article 21 of the Constitution of India, 1950 provides that, “No person shall be
deprived of his life or personal liberty except according to procedure established by law.”
‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing. It has a
much wider meaning which includes right to live with human dignity, right to livelihood,
right to health, right to pollution free air, etc.,

It is the only article in the Constitution that has received the widest possible
interpretation. Under the canopy of Article 21, so many rights have found shelter, growth,
and nourishment. Thus, the bare necessities, minimum and basic requirements that are
essential and unavoidable for a person is the core concept of the right to life.

The Supreme Court of India has interpreted and broadened the meaning of Article 21
of the Constitution of India, in numerous cases, which guarantees protection of life and
Personal liberty, to include right to travel abroad, right to privacy, right against solitary
confinement. Right to legal aid, right to speedy trial, right against hand cuffing, right against
delayed execution, right against custodial violence, right to health etc and these rights are

15
inherent in the persons guaranteed to by the Constitution of India and cannot be denied
except in accordance with the procedure established by law.

Right to life is the most fundamental of the rights and is also the most difficult to
define, thus it cannot be conferred to a guarantee against the taking away of life, it must have
a wider application.

In Parmanand Katara, Advocate v. Union of India & Anr.13 the Supreme Court
held that, and quote agree with the petitioner that right to dignity and fair treatment under
Article 21 of the Constitution of India is not only available to a living man but also to his
body after his death. We thus find that the word and expression person in Article 21, would
include a dead person in a limited sense and that his rights to his life which includes his right
to live with human dignity, to have an extended meaning to treat his dead body with respect,
which he would have deserved, had he been alive subject to his tradition, culture and the
religion, which he professed.

Hon'ble Supreme Court in the case of Ram Sharan Autyanuprasi vs. Union of
India14 submits that the right to accord a decent burial or cremation of a dead body should be
taken to be part of the right to such human dignity.

The Indian judiciary in many cases have observed and interpreted that right to have a
decent burial is also included in Article 21 of the Constitution. It is observed by the court that
right to dignity which is available under Article 21 of the Constitution not only to a living
man but also to his body after his death and the word “Person” in such Article includes a
dead person and right to life with dignity should be extended in such manner that his body is
given respect, which he would have deserved, had he been alive, subject to his tradition,
culture and the religion which he professed.15In another landmark case the Supreme Court
held that the dead body of a homeless person who died on the street is entitled to a decent
burial according to the religious faith to which he belonged.16

3.2 COVID 19 PANDEMIC AND RIGHT TO DECENT BURIAL

13
1989 AIR 2039
14
AIR 1989 SC 549
15
Ramji Singh @ Mujeeb Bhai v. State of Uttar Pradesh & Ors. (2009) 5 ALL LJ 376
16
Ashray Adhikar Abhiyan v. Union of India & Ors (2002) 2 SCC 27

16
 Owing to COVID 19 pandemic, the entire world has gone into paranoia. Dead Bodies
are being dumped and disposed of as garbage. Even the kin of the COVID 19 patients runs
away from such patients’ bodies after death due to the fear of getting infected. Uncountable
dead bodies are being dumped in River Ganga rather than the ashes. The world is falling into
madness.

The situation has become so dire that NHRC has taken cognizance of the complaint regarding
the dead bodies floating in Ganga in several areas of UP and Bihar. NHRC is taking steps to
protect the fundamental rights of the corpses as in a decent burial.

Ever since this COVID-19 pandemic took place, there has been seen a rise in the
number of cases where the Right to Burial has been grossly violated. Authorities have
mismanaged and disposed of dead bodies. Even people are avoiding claiming bodies or even
performing the last rites. The guidelines issued by WHO and the Government of India for
safe disposal of bodies infected with COVID-19 have been unwitting ignored or not being
followed to its fullest. It needs to be noted that there was no scientific study to show that
novel coronavirus spreads through cadavers or dead bodies; hence Corporation and other
concerned authorities have been given power to designate burial grounds and cemeteries.

Pradeep Gandhy v. the State of Maharashtra17

A petition was filed in Bombay HC challenging a circular issued by the BMC to

designate burial grounds for disposing of COVID-19 patient bodies. However, HC dismissed
the petition. The Bench said, “Right to a decent burial, commensurate with the dignity of the
individual, is recognized as a facet of the Right to life guaranteed by Article 21 of the
Constitution. There is no reason as to why an individual who dies during this period of crisis
because of suspected/confirmed COVID-19 infection would not be entitled to the facilities
he/she would have otherwise been entitled to but for the crisis.”

Similarly, while observing the Fundamental Right to life guaranteed under

Constitution includes the Right to Decent Burial or Cremation, in High Court on its own
motion Vs State of Madras18, Madras High Court warned the locals against objecting
regarding the disposal of the bodies of a victim of COVID-19.

17
2020 SCC OnLine Bom 662,
18
W.P. No. 7492 of 2020

17
Vineet Ruia Vs the Principal Secretary, MOHFW, Govt. Of West Bengal19

Here, Calcutta High Court has ruled that Article 21 of the Constitution is available to a living
person and dead bodies. The court further held that doing so concerning tradition and culture
is also a Fundamental right that can be traced under Article 25. It is most gladdening to see
that the Calcutta High Court was also of the firm view that the right of the family of a Covid-
19 victim to perform the last rites before the cremation/burial of the deceased person is a right
akin to Fundamental Right within the meaning of Article 21 of the Constitution of India.

Furthermore, the Telangana High Court in the case of R. Sameer Ahmed v. State of
Telangana & Ors remarked that: 

“Even in death, human bodies are not being treated with the dignity they deserve” and
directed the state government to let the court know if the dead bodies are being
cremated/buried in a dignified manner or not.”

3.3 WHO Guidelines on Burial, Cremation of Dead Bodies

On March 24, 2020, WHO released interim guidance titled “Infection Prevention and
Control for the safe management of a dead body in the context of COVID-19”. The guidance
was released for everyone who managed the health care facilities and the religious and public
health authorities who came into contact with the suspected, confirmed or dead COVID-19
patients. The recommendations are supposed to get revised in case there is some major
evidence which comes into the light. 

Firstly, we will look at the most relevant section of the guidelines which were given by WHO
with regards to Burial: (Please refer to Page no 2 of the link attached)

 People who have died from COVID-19 can be buried or cremated as per their
religious norms and traditions. 
 The family members and friends may view the dead body once it is ready for burial.
However, they should not touch, or kiss or come into close contact with the body.
After viewing the body, they must wash their hands thoroughly using soap and water.
 People who are involved in the task of placing the body in the grave or cremating it
should wear gloves and a mask. Also, once the burial or cremation is over, they must
19
WPA 5479 of 2020 

18
 dispose of their gloves (properly) and wash their hands thoroughly using soap and
water.

Apart from these, there are some other guidelines given by WHO with regards to burial by
family members or where the ill person dies at home. 

 Anyone, be it a family member, or a religious leader who is preparing (for instance,

cleaning, dressing the body, trimming nails, or shaving) the body of the deceased
person, must perform all the hygiene and sanitation practices during and after the
burial takes place.

3.4 Ministry of Health: Guidelines on Dead Body Management

Here are some key pointers from the “COVID-19: GUIDELINES ON DEAD BODY
MANAGEMENT” which were released by The Government of India Ministry of Health &
Family Welfare Directorate General of Health Services (EMR Division):

 Embalming (preserving human or animal remains by treating them with chemicals to

forestall the decomposition) of the dead body is not allowed.
 Autopsies should be avoided.
o In the case of the Autopsy procedure being performed due to some special
reason, then proper infection prevention control practices must be adopted.
 The mortuary staff involved in the process of handling the COVID-19 infected dead
body should observe standard precautions.
 These dead bodies must be stored in chambers with an approx. temperature of 4℃. 
 Viewing of the dead body by unzipping the face end of the body bag (by the staff
using standard precautions) may be allowed, for the relatives to see the body for one
last time.
 Important: The Crematorium or the Burial ground staff must be sensitized about the
fact that COVID 19 does not pose any additional risk.
 Large gatherings at the crematorium/ burial ground should be avoided as a social
distancing measure as it is possible that a close family contact may be a suspect of
COVID-19 virus or symptomatic to it. 
 Important: The ash does not pose any risk and can be collected to perform the last
rites.
19
  Religious rituals such as reading from religious scripts, sprinkling holy water and any
other last rites that do not require touching of the body can be allowed. 

After closely analysing these guidelines and frameworks one can come to the conclusion that
the scope of the guidelines was also to clear the myth and false information regarding safety
issues involved in the process of burial or cremation. 

Also, one of the points worth appreciating about these guidelines is that they try their level
best to allow the religious practices to be followed which do not pose threat to other lives,
and so that with proper precautions and use of personal protection equipment, the citizens of
the country don’t have to compromise with their fundamental Right to Religion as bestowed
on them as per Article 25 of the Indian Constitution. 

20
 CHAPTER IV

DATA ANALYSIS

4.1 Question Bank

The following are some of the question ns from the question bank asked by the
researcher to the family, friends of the victim of covid 19 and from volunteers as well.

1. Whether anyone of the family members was allowed to be with the patient?
2. If not allowed, Whether the nursing employees took care of the patient enough?
3. If it was government hospital, how satisfied are you with the treatment according to
his level of disease?
4. How did the funeral happen?
5. Who performed the funeral?
6. Whether the son or any relation was allowed to perform the last rites?
7. If the funeral was done by the front-line workers, Was it decent enough?
8. Was the funeral done according to your religious believes?
9. Whether the front-line workers followed the Standard Operating Protocol issued by
the Government at the time of funeral?

4.2 Analysis of Answers

Analysing the result of the answers where majority of the ratio given by all the
answerers can be clubbed as follows

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 As far as the first question is concerned, most of them answered negatively i.e.,
merely 59% of them answered that the family members are not allowed to be with the
patients of COVID both in government and private hospitals

 In the second answer, most of them state that even though the family members of the
COVID victim were not allowed to be with the patient, the nursing employees have
taken care of the patients well both in government and private hospitals.

 In the thrid answer, half of them answered that in Government hospital, the treatment
given to the victim of COVID 19 according to their level of disease was moderate.

 In the fourth answer, almost equal number of people have chosen burial and
cremation. It is known that both burial and cremation type of funeral happened
equally in the time of COVID 19 pandemic.

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 In the fifth answer, 38% of the people answered that the funeral was performed by the
family members, 31% of the people answered that the same was performed by the
Govt front-line workers and merely 28% answered that it was performed by the
volunteer.

 In the sixth answer, a little more than half of the people answered that son or any
relative of deceased of COVID 19 was allowed to perform the last rites.

 In the seventh answer, most of them i.e., merely 70% of the people stated that when
the funeral was done by the front-line workers, it was decent enough for them.

 In the eighth answer, mere 64% of the people answered that the funeral was done
according to their religious believes even in the time of COVID 19 pandemic

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  In the last answer, most of the people i.e., merely 65% of them answered that while
doing the funeral, Government front-line workers properly followed the Standard
Operating Protocol issued by the Government.

4.3. Result of the Data Analysis

From the above question bank and in the light of the answers gathered through survey
the result got by the researcher is given as follows:

The treatment given to the victim of COVID 19 even in the Government hospital was
moderate and hence it shall be good in private hospital. Therefore, it cannot be the reason for
massive death of COVID 19 patients. As a result, the first hypothesis of the researcher is not
proven according to the survey report.

And then it was found through the survey report that the son or any other relative of
the deceased of COVID 19 was allowed to do their last rites and also found that wherever the
funeral was done by the front-line workers it was decent enough. Hence the second
hypothesis of the researcher is also not proven according to the survey report.

Through the survey report it was known that when the funeral was done by the front-
line workers either from Government or from NGO, the family members are allowed to see

24
the same. So, the burial of the deceased cannot be indecent. And hence the third hypothesis of
the researcher is not proven according to the survey report.

And then it was found through the survey report that the front-line workers while
doing the funeral of the deceased of COVID 19, properly followed the Standard Operating
Protocol issued by the Government. Therefore, the fourth hypothesis of the researcher is not
proven as per the survey report.

According to the survey report it was found that the funeral of the deceased of victim
of COVID 19 was done as per their religious believes. Hence the final hypothesis of the
researcher is also not proven through the survey report.

In total according to the survey report it is found that the right to decent burial of the
victim of COVID 19 and the right to last rites of their family is substantially ensured and all
the hypothesis of the researcher is not proven by the survey result.

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 CHAPTER V

CONCLUSION

5.1 Suggestions

Even though the hypothesis of the researcher has not been proven by the survey
report, nominal group of people who have been affected by COVID 19 have suffered by few
reasons such as inadequate treatment, proper care was not be availed, loneliness due to the
absence of family members to be with them. In some places, even after the death of the
victim of COVID 19 the family members were not allowed to see him/her immediately and in
some places, they were allowed after a very long time. This created mental agony to the
family.

The right to decent funeral is a part of fundamental right to life under Article 21 of the
Constitution of India. It is the duty of every citizen to hand out a decent funeral or cremation
to a patient who was infected with COVID-19 virus. There are various international
instruments and conventions which also deal with the decent funeral or cremation of dead
person. Due to chaotic situation the right to decent funeral has denied during this
unprecedented crisis. As there is no specific legislation to deal with burial and crimination
act, therefore there is need to enact such law proper and decent funeral.

Therefore, it is needed to make stronger the guidelines that is issued by the WHO and
local health authorities for the management of dead body. There are some suggestions which
are given by the he National Human Right Commission for different stakeholders in the
society including, among others, governments, police, administration, local bodies, hospitals,
medical practitioners, prison administrations, civil society, media and families for extending
dignity to the dead as following:

1. Enact specific legislation to protect the rights of the dead

2. Each State must maintain a district wise digital dataset of death cases

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 3. Death of a person must be simultaneously updated in all public documents

4. The unclaimed bodies must be stored under safe conditions

5. The Hospital administration should be explicitly prohibited from deliberately

retaining any dead body on the count of pending bill payment

6. The local authorities should ensure that the transportation facilities are available to
transport the body of the deceased.

5.2 Recommendations

1. Citizen:

i. Duty to inform: It should be the duty of every citizen to inform, after

noticing any incident of death, immediately to the nearest police station and/or to emergency
ambulance services or the administrative/ legal authorities, whichever feasible.

ii. Carrying procession: Citizens should not use the dead bodies as baits for
pursuing their demands, etc.

2. Hospital Administration:

i. Clothing of the dead body: Clothing of the deceased should be collected,

examined as well as preserved and sealed by the doctor conducting the autopsy, and should
be sent for further examination at the concerned forensic science laboratory. Further, it
should be covered in special Body Bags for proper transportation.

ii. Storage of unclaimed bodies: The unclaimed bodies must be stored under
safe conditions in the deep freezer to prevent any decay or damage to the dead bodies.

iii. Segregation and arrangement of the dead bodies: It must be ensured that
the bodies are segregated based on gender and are kept in a dignified manner by avoiding
piling up.

iv. Release of dead bodies: The Hospital administration should be explicitly

prohibited from deliberately retaining any dead body on the count of pending bill payment.

27
The hospitals must hand over the body to the family of the deceased or to the civic body (if it
is an unclaimed body) in a dignified way.

v. Licensure for use of unclaimed bodies: Hospitals that utilise the unclaimed
bodies for academic, research and training of the medical students must have valid license for
the same.

The guidelines issued by WHO, NDMA, Govt. of India and various State
Governments have emphasized on the maintenance of the Covid Protocol while upholding
the dignity of the dead, including decent burial according to respective religious customs and
practices. The Supreme Court and various High Courts have highlighted the importance of
providing decent burial to dead persons amidst this pandemic. Despite these guidelines,
various disturbing facts have surfaced through the media that have reported about the
mismanagement/ mishandling of COVID-19 affected dead bodies thereby lowering their
dignity.

5.3 Conclusion:

In view of the large number of COVID deaths and long queue of dead bodies seen at
crematoriums, temporary arrangements should be made urgently in order to avoid undue
delay in cremation. In order to ensure that dignity is upheld during handling of dead bodies,
the cremation/ burial ground staff must be sensitized about proper handling of the dead body.
Further, they need to be provided necessary safety equipment and facilities so that they may
perform their duty efficiently without any fear or risk.

Religious rituals that do not require touching of the dead body may be allowed such
as reading from religious scripts, sprinkling holy water, etc. In cases where family members
or relatives are not there to perform last rites as they themselves may be infected or are not
willing being afraid of getting infected, etc., or where the repatriation of the body to the
family may not be possible, the State/ Local Administration may perform the last rites of the
body, taking into account the religious/ cultural factors.

Use of electric crematoriums may be encouraged in order to avoid the health hazards
emerging from the emission of smoke from burning pyres in large number. Mass burial/
cremation should not be allowed to take place as it is in violation of the right to dignity of the

28
dead. Accurate identification of the dead body must be aimed by using different criteria for
identification and the State Authorities must ensure proper handling of the information about
the dead and missing persons in disasters. To curb arbitrary hike/ overcharging for
transportation of dead bodies the prices of the hearse / ambulance services should be
regulated so that people are not exploited and do not face difficulties in transportation of dead
bodies.

To conclude, as Salmond has firmly stated “There are three things in respect of which
the worries of living person extend even after their death. Those are his body, his reputation
and his property. At an individual level and being a responsible citizen of this country, one
must follow the guidelines issued by the state and perform the funeral with the utmost social
distancing, as per the norms, rather than creating a problematic scenario for state. It cannot be
denied that catastrophe created by COVID-19 is unlimited, each sector is tackling with the
damage. In the course of it, bidding goodbyes and giving respect to dead ones has been hard
for people. Nevertheless, emotions start flowing at peak during the death of our loved ones
and intense religious beliefs are also connected to it, but tougher decisions are required to
make for fulfilling the need of hour and as a part of this society.

29
 BIBLIOGRAPHY

 Constitution of India.
 Indian Penal Code,1860.
 William Henry Francis Basevi. Burial of the Dead, 1920.
 Geneva Convention,1949.
 https://sabrangindia.in/article/do-dead-have-rights-india 2.
 https://www.thehindu.com/news/national/tamil-nadu/right-to-decent-burial-ispart-of-
fundamental-right-to-life-says-hc/article31392061.ece
 http://medind.nic.in/jal/t07/i1/jalt07i1p21.pdf
 https://allindialegalforum.in/2020/09/25/expansion-of-article-21-to-include-right-to-
have-a-dignified-funeral-of-covid-19-dead-victim/
 https://lawschoolpolicyreview.com/2020/05/07/covid19-xiii-the-rights-of-the-dead-in-
a-pandemic/
 https://www.jurist.org/commentary/2020/06/mittal-mittal-covid19/burial/
 https://www.theleaflet.in/in-death-there-is-no-end-to-agony/
 https://www.dailyexcelsior.com/right-to-dignified-decent-cremation/
 https://blog.ipleaders.in/rights-beyond-grave-right-to-a-decent-burial/
 https://blog.ipleaders.in/covid-19-right-burial/
 https://barandbence.com/news/litigation/article-21-includes-right-to-decent-burial-
madras-hc-registers-suo-motu-bill-after-mob-obstructs-burial-of-doctor-who-died-
from-covid-19
 https://www.humanrightspulse.com/mastercontentblog/balancind-decent-funerals-
and-public-health-during-covid-19-pandemic
 https://m.economicstime.com/news/politics-and-nation/virus-right-to-decent-burial-
facet-of-right-to-life-hc/articleshow/75900298.cms
 https://www.latestlaws.com/artciles/covid-19-and-right-to-decent-burial-an-analysis/

30
  http://www.legalservicesindia.com/law/article/1629/10/Right-To-Decent-Burial-As-
Per-Religion-Under-Articles-21-And-25-Calcutta-Hc-Issues-Guidelines

ANNEXURE

Question Bank for Survey

Personal:

1. Name

2. Gender

(a). Male (b). Female

3. Name of the deceased

4. Gender of the deceased

(a). Male (b). Female

5. Religion

(a). Hindu (b). Christian (c). Muslim (d). Others

6. what relationship do u have with deceased?

7. The place of death (mention district)

(a). Thoothukudi (b). Tirunelveli (c). Kanyakumari

Treatment Process:

8. Kind of Hospital

(a). Government (b). Private

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9. Whether anyone of the family member was allowed to be with the patient?

(a). Yes (b). No

10. If not allowed, Whether the nursing employees took care of the patient enough?

(a). Yes (b). No

11. If it was government hospital, how satisfied are you with the treatment according to his
level of disease?

(a). Good (b). Moderate (c). Bad (d). Worst

After Death

12. whether the family members were allowed to see the deceased immediately after his
death?

(a). we were allowed immediately (b). we were not allowed (c). we were allowed after
a long time

13. How did you avail the ambulance service for carrying the deceased to the burial or
cremation ground?

(a). By Hospital administration (b). By ourselves (c). By NGO or Volunteers

14. How did the funeral happen?

(a). Burial (b). cremation

15. who performed the funeral?

(a). Family members (b). Friends (c). Govt Front-line workers (d). Volunteers

16. Whether the son or any relation was allowed to perform the last rites?

(a). yes (b). No

17. If the funeral was done by the front-line workers, were you allowed to see it?

32
 (a). yes (b). No

18. If the funeral was done by the front-line workers, Was it decent enough?

(a). yes (b). No

19. Was the funeral done according to your religious believes?

(a). yes (b). No

20. Whether the front-line workers followed the Standard Operating Protocol given by the
Government at the time of funeral?

(a). yes (b). No

21. Overall opinion about treatment and Funeral.

33