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  • Writer's pictureLAWGIC STRATUM


Author: Sneha Saha


Law is an instrument of the general public that incorporates rules of lead, activity, or conduct of the individual, made and upheld by the State and the principal object of law is to acquire harmony and soundness of every human being. The vast majority of the laws are for the living people or people yet as we view intently we can find that there are also laws for the dead. Respectable burial of dead bodies is significant. It has been a year we have acknowledged more than a million instances of COVID-19 and a huge number of people's death across the world. And this COVID-19 has extended its waves everywhere in the world has taken many lives and still carrying more difficulties to the health centre to cope up with this crisis in every single country.

It is quite dangerous as it is spreading from one body to other. And the huge studies are going on so that a final pause they can put in. But in the case of the dead body, there is concern about that whether the infection transmits from the dead body. And what is the safest way to bury all the COVID infected bodies so that infection may not spread any further?

Under Indian Constitution:

The Constitution of India is a legal document that provides basic fundamental rights and protection to all citizens. The assurance of life and liberty which is ensured under Article 21[i] of the Constitution has been deciphered by the Supreme Court in numerous cases. The Judiciary much of the time has noticed and deciphered that option to have nice internment is likewise remembered for Article 21 of the Constitution. The right to human dignity isn't confined to a living person however is accessible even after death. Moreover, death occurs due to natural phenomenon, and respectable treatment should be given to the person. In the instance of Common Cause (A Regd. Society) vs Union of India, 2018,[ii] it was battled that the option to the right to die with dignity is an inseparable aspect of the right to live with dignity. The Supreme Court of India, along with High Courts has acknowledged that a dead body should be given reasonable treatment at the time of burial, and the interaction should be finished with fitting respect.

What should be given more priority to public health or human emotions and beliefs?

The right to dignity and reasonable treatment under Article 21 of the Constitution isn't simply accessible to a living individual yet in addition to his human remaining parts after his death. Disposing of a human body, regardless of whether the individual passes on of Covid-19, whether by burial or cremation, ought to be finished with due regard and solemness. We likewise concur that the precious ones of a deceased individual who had contracted Covid-19 ought to have a chance to have a last glance at the human remains of the individual and to offer their final appreciation and tribute to the departed soul. Article 25 of the Constitution,talks about the right to freedom of conscience and the option to free profession, practice, and proliferation of any religion, subject to public ethical quality, order, and health. disposing of the body by different modes of burial followed by every religion forms an important part to carry out the practices. There are numerous groups ofreligions where the burial of the bodies happens just at the blessed spots, guaranteeing their major right to religion according to Article 25[iii] of the Indian Constitution.

By research and studies, it said that any infection can't spread through the dead bodies, given that proper precautions and safety are guaranteed. Supreme Court regarding this matter said that one should comprehend it is basic to be one should be protected instead of being sorry as it is the case of worldwide emergency, as there is no antibiotics or vaccine are not available properly in the country. But even if the situation is tough but human emotions and beliefs are also important to some extent because people are not only losing their loved ones but also they can't see them for the last time. This is very pathetic for all the people who have lost their loved ones due to covid. Proper law should be enacted for providing burial grounds and crematoriums proper maintenance will be done. And some ways should be given at least they can perform the proper burial.

WHO and Ministry of Health regarding the management of dead bodies:

WHO - People who have passed on from COVID-19 can be cremated or buried according to their strict standards and customs. The relatives may see the dead body once it is prepared for burial Be that as it may, they ought not to touch, or come into close contact with the body. After reviewing the body, they should wash their hands completely utilizing a cleanser and water. Individuals who are engaged with the undertaking of putting the body in the grave or cremation should wear gloves and a cover. Additionally, when the cremation or burial is completed, they should discard their gloves and wash their hands altogether utilizing hand wash and water.

The Ministry of health - The Crematoriumstaff ought to be sharpened that COVID 19 doesn't represent extra danger. The staff will rehearse standard safeguards of hand cleanliness, utilization of masks and gloves. Viewing the dead body by unzipping the face end of the bodypack might be permitted, for the family members to see the body for one final time. Religious customs like perusing from strict contents, sprinkling holy water also, whatever other last ceremonies that don't need contact with the body can be permitted. The memorial service/burial staff and relatives ought to perform hand cleanliness after burial and cremation are done. The ash doesn't represent any danger and can be gathered to play out the last ceremonies. [iv]


The law has not yet characterized who is a dead individual yet it has perceived a few rights to the dead individual as that of a living individual. Under article 21 right to burial has also been inserted. Burial or cremation is important that should get a proper burial and his last rites should be done in a proper. There is no clear explanation about the spreading of infection from the dead body if buried or disposed of. WHO and the Ministry of Health provide guidelines regarding the burial and maintain public safety.



[i]Art 21-Protection of life and personal liberty. [ii](2018) 5 SCC [iii]Art 25-Freedom of conscience and free profession, practice and propagation of religion. [iv]COVID-19: GUIDELINES ON DEAD BODY MANAGEMENT,.

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