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Rights of a dead person.

In India article 21 of the constitution tells us about the rights


of a deceased person. This was derived after the landmark
case of Pt. Paramanand Katara vs. Union of India. Despite
various examples, India does not have specific laws for the
rights of a dead person except they can be punished under
Section 297 and Section 377 of the IPC.
Under Section 297, the irreverence of dead bodies is
strictly prohibited and if a person commits trespass in a
funeral site with mala fide intentions, that is punishable too.
When a person dies, that becomes quasi-property in law
and the next of kin can then legally possess their property,
the Supreme Court of India acknowledged that a person's
right to life, fair treatment, and dignity transcends not
only to their living bodies as well as to one‘s bodies after
death.
Once the person is dead then their body
belongs to law, and nobody is legally
allowed to interfere with their peace or
disturb the dead body for any reason.
Section 176(3) of the CrPC, 1973, contains
the legal authority for exhumation. This
activity is authorised for the purpose of
identifying crime and other urgent
situations. Anytime there is a presumption of
When it comes to the rights of the
wrongdoing, such as homicide, felonious
dead, there is still room for
abortion, disputed reasons for death,
improvement; even though honoring
the peace and privacy of a dead body
poisoning, and so on.
is legally enforceable, we still see
many instances where this is not
preceded.

Even though the bodies of people who


have died are granted some
protections in India. However, in my
opinion, there is a gap in the number
of regulations applicable to dead
bodies.

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