38.6c New Delhi, India, Monday, June 17, 2024
Judiciary

Floating bodies in Ganga : Youth Bar Association seeks Supreme Court for Directions for Removal of bodies

By Rashbana thansi      15 June, 2021 01:19 PM      0 Comments
Floating bodies in Ganga : Youth Bar Association seeks Supreme Court for Directions for Removal of bodies

The Youth Bar Association of India filed a plea before the Supreme Court seeking directions for removal of dead bodies in Ganga and steps for ensuring "no one is allowed to throw bodies into any river" as it may cause environmental hazards. 

The plea further prays for Standard Operating Procedure (SOP) to be formulated for the proper cremation of dead bodies as per rituals.

Filed after the observation by Bench led by Justice DY Chandrachud's, about the incident in Balrampur, Uttar Pradesh, wherein a dead body was thrown by two persons into the river, during the Suo Moto COVID case on floating dead bodies in the river, thee plea seeks for the proper method as per rituals and custom. The plea also points out the rights of a dead person.

The Right of a dead person

There is no specific law in India, which protects the rights of the dead person, but this Hon'ble Court in the case of Parmanand Katara v. Union of India, had recognized the Right to Life, fair treatment, and dignity, derived from Article 21. In this landmark case, the Supreme Court Of India recognized that the right to life, to fair treatment and dignity, extends not only to a living person but also to their bodies after death. 

The Plea pointed the case law of  Ashray Adhikar Abhiyan Vs. Union of India, that deals with the rights of homeless people for a decent burial, a similar ruling was given. It was held by the apex court that people have a right to a decent burial, according to the religious faith to which the person belonged before death. Therefore, it can be safely concluded that a dead body has a right to a decent burial in India.

Standard Operating Procedure for the proper and dignified cremation of dead bodies

 The plea also seeking attention,   SOP for the cremation /bury of dead bodies as per ritual and custom

"In both natural and unnatural deaths, i.e. suicide, accident, homicide, etc., it is the State which is vested with the duty to protect the rights of the rights of the deceased and to prevent the crime over the dead bodies. It is also required that the State Governments and Union Government must prepare a SOP in the consultation with all the stakeholders so that dignity of the deceased is protected, " it states.

Advocate Manju Jetley and drawn by Advocates Sanpreet Singh Ajmani, Bably Singh, Paranshu Kaushal and Bhavya Pratap Singh, the plea submits that report of several bodies found floating in Ganga went viral as India going through the second wave.

The Plea refers to the guideline of the Human rights commission issued on May 14 th 2020 pertaining, to the Handling of dead bodies seeks for the institution same.  also pointed the holly nature of Ganga and submitted about the problems including environmental and health due to the situation. InIn light of the problem plea seeking for the reaction to state and central government for taking measurement for the removal of dead bodies in Ganga with dignity, and to ensure and to ensure that no one is permitted to throw the bodies into the river. 

Recently, another plea was filed before the Supreme Court seeking directions for the constitution of a three-tier committee at Centre, State, and Panchayat level to look after the disposal of bodies with dignity, and to declare the Ganga river bed an ecologically sensitive area, to be protected and preserved.

The horrifying visuals of dead bodies floating in the muddy waters of the Ganges or buried in the ashen banks of the country’s holiest river show and disturbing reality of how India has dealt with the second wave of the pandemic.



Share this article:



Leave a feedback about this
TRENDING NEWS


TOP STORIES

plea-filed-in-sc-for-fresh-neet
Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
plant-30-trees-delhi-hc-orders-senior-citizen-accused-of-outraging-womans-modesty
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
no-liability-under-ni-act-for-dishonoured-cheques-of-merged-banks-presented-after-validity-period
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
modi-30-cabinet-full-list-of-ministers-and-their-respective-portfolios
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email