Right to decent cremation: a new feather in Fundamental Rights?
- Yogesh Bains
- July 14, 2020
Content :
Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of individuals. As these rights are fundamental or essential for existence and all- round development of individuals, hence called as Fundamental rights. These are enshrined in Part III (Articles 12 to 35) of the Constitution of India. Article 21 of the Constitution guarantees the life and personal liberty to all persons. It guarantees the right of persons to life with human dignity. Therein are included, all the aspect of meaningful and fruitful life. Article 21 of Indian Constitution cannot be suspended during emergency because it states that no person shall be deprived of his life or personal liberty except according to procedure state by law. Under Menaka Gandhi case the supreme court held that the procedure must not be arbitrary, unfair or unreasonable.
After a mob of local people obstructed the burial of a doctor who died from COVID-19, the Madras High Court on Monday registered a suo motu 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 Sathyanarayanan 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.”
Emotions can become powerful during a time of death of a loved one and as one client commented, one is required to make difficult decisions, often involving tens of thousands of dollars at a time when one can barely think. That same client had somehow agreed to a funeral arrangement with a casket costing thirty thousand dollars. To the credit of the funeral home, they did back down when our protest was made but something for all of us to consider is how it would help our relatives to receive not only clear instructions as to the type of funeral and burial to have, but to indicate who has what rights to handle the details.
Such instructions should be in writing and delivered to those trusted persons who will handle the matter and, ideally, one’s attorney and executor. Too often people place such instructions in safe deposit boxes which cannot be opened or, worse; put them among piles of papers which are only examined long after burial.
