[ad_1]
Kolkata:
The Calcutta High Court on Wednesday directed that the physique of a COVID-19 affected person can be handed over to the household for cremation after completion of hospital formalities, offered publish mortem of the lifeless physique isn’t required.
Observing that the fitting to dignity and honest therapy below Article 21 of the Constitution isn’t solely accessible to a dwelling individual but in addition to his physique after his demise, the courtroom mentioned that it’s of the view that the fitting to dwell a dignified life extends as much as the purpose of dying together with the dignified process of dying.
“We are inclined to interpret the phrase “dignified process of dying” in an expansive manner so as to include dignified disposal of the human remains of a deceased,” a division bench comprising Chief Justice TBN Radhakrishnan and Justice Arijit Banerjee mentioned.
It directed that the physique ought to be secured in a physique bag, the face finish of which ought to be ideally clear.
“Disposal of a human body, whether or not the person dies of COVID-19, whether by cremation or burial, should be done with due respect and solemness,” the courtroom noticed.
The bench directed that the face finish of the physique could also be unzipped by the employees on the crematorium or burial floor to permit the family members to see the physique for one final time.
At this time, non secular rituals that don’t require touching of the physique ought to be allowed, the courtroom directed, noting that the individuals dealing with the physique shall take normal precautions like carrying masks, gloves, and many others.
The courtroom directed that the individuals dealing with the physique shall go straight from the hospitals to the crematorium or burial floor and to not wherever else together with the house of the sufferer.
Passing the order on a PIL, the division bench directed that the federal government ought to prescribe extra affordable measures as could also be suggested by medical consultants.
Observing that traditions and cultural facets are inherent to the final rites of an individual’s physique, the bench mentioned that the fitting to a good funeral can be traced to Article 25 of the Constitution which supplies for freedom of conscience and free occupation, follow and propagation of faith topic to public order, morality and well being.
The courtroom noticed that the standard perception within the nation is that except the final rites are carried out earlier than the burial/cremation, the soul of the sufferer is not going to relaxation in peace.
Noting that this perception is rooted and that it additionally has an emotional and mawkish facet, the courtroom mentioned that it firmly believes that the members of the family of a sufferer who’s contaminated with COVID-19 shouldn’t be disadvantaged of the fitting to carry out the final rites, topic to them taking all needed precautionary measures.
[ad_2]
Source hyperlink