Consider Law On Exhumation of Bodies: Supreme Court to Centre


The courtroom additionally directed Jammu and Kashmir administration to pay Rs 5 lakh as compensation

New Delhi:

India has no legislation on exhumation of our bodies, the Supreme Court remarked at present, and requested the centre to “consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand”. The courtroom’s route got here on the plea by a resident of Jammu and Kashmir, who sought exhumation of the physique of his son, who had died together with three terrorists throughout an encounter. The authorities had buried his physique as a substitute of handing it over to the household regardless of their appeals.

Dismissing the plea of the daddy, Latief Magrey, a bench of Justices Surya Kant and JB Pardiwala mentioned: “After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The disturbance or removal of an interred body is subject to the control and direction of the court. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed”.

Amir Magrey was killed in an encounter in Hyderpora together with three different terrorists in November final 12 months. His father, Mohammad Latief Magrey, had appealed for exhumation so the final rites might be carried out.

Latief Magrey had initially approached the authorities of Jammu and Kashmir for the physique, however his request was declined and the physique was buried on the Wadder Payeen graveyard.

Latief Magrey later went to High Court and his petition was allowed by the one choose bench. The authorities then appealed earlier than a division bench, which dominated {that a} most of 10 individuals can carry out the rituals on the Graveyard in session with administration.

The courtroom additionally directed the Jammu and Kashmir Government to pay Rs 5 lakh as compensation to the household.

Latief Magrey then went to the Supreme Court looking for exhumation so the household can carry out prayers and rituals to their satisfaction.

The Jammu and Kashmir Government opposed the plea, arguing that the “order passed by the High Court is balanced” because it retains “relevant aspects” together with public order in thoughts.

“We are of the view that it would have been appropriate and in fitness of things to hand over the dead body of the deceased to the family members, more particularly, when a fervent request was made for the same,” the Supreme Court mentioned.

“For any compelling reasons or circumstances or issues relating to public order etc. more particularly in cases of encounter with the militants the agency concerned may decline to part with the body. These are all very sensitive matters involving security of nation and as far as possible the court should not interfere unless substantial & grave injustice has been done,” the judges mentioned.

At the identical time, “The right to live a dignified life as enshrined under Article 21 of the Constitution is not only available to a living person but also to the dead,” the judges mentioned. “Even a dead person has the right of treatment to his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture and religion which he professed,” the Bench added, asking the Centre to take into account legal guidelines on exhumation of our bodies.



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