Under Indian law, a deceased person is granted certain rights based on a landmark Supreme Court case. While there are no specific laws governing the rights of the dead, sections 297 and 377 of the Indian Penal Code prohibit disturbing dead bodies and trespassing at funeral sites. The Supreme Court has also ruled that a person's right to dignity extends beyond death, and their body becomes quasi-property that next of kin can legally possess. However, the document argues that more could still be done to protect the peace and privacy of the dead under Indian law.
Under Indian law, a deceased person is granted certain rights based on a landmark Supreme Court case. While there are no specific laws governing the rights of the dead, sections 297 and 377 of the Indian Penal Code prohibit disturbing dead bodies and trespassing at funeral sites. The Supreme Court has also ruled that a person's right to dignity extends beyond death, and their body becomes quasi-property that next of kin can legally possess. However, the document argues that more could still be done to protect the peace and privacy of the dead under Indian law.
Under Indian law, a deceased person is granted certain rights based on a landmark Supreme Court case. While there are no specific laws governing the rights of the dead, sections 297 and 377 of the Indian Penal Code prohibit disturbing dead bodies and trespassing at funeral sites. The Supreme Court has also ruled that a person's right to dignity extends beyond death, and their body becomes quasi-property that next of kin can legally possess. However, the document argues that more could still be done to protect the peace and privacy of the dead under Indian law.
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.