‘Bodies have rights too, can’t be used as bargaining chip’
Govt Must Conduct Last Rites If Kin Fail To Do So: Raj Rights Panel
TIMES NEWS NETWORK
Jaipur:20.10.2019
The Rajasthan State Human Rights Commission (SHRC) has observed that the body of a deceased person “also has rights” and cannot be used by the family to negotiate claims or stage a protest.
The commission said if the family fails to conduct the last rites as per the customs or the law, it becomes the duty of the government to do the needful with the help of local bodies or the police, if necessary.
In his order, SHRC chairman Justice (retired) Prakash Tatia said bargaining over a body violates the limited rights of the dead and should be declared a cognisable offence.
He also asked the home department to frame appropriate laws in the matter.
Citing the example of gangster Anand Pal, who was killed by police on June 24, 2017, but was not cremated until July 1, 2017 as his family waited till their demands were met, the SHRC stated that the kin, or any other person, cannot keep the corpse for any other purpose except for the time required to perform the last rites.
SHRC also asked the state government to frame a law to tackle the tribal practice of “mautana.”
Under this practice, the family of the person who has died of an unnatural cause does not conduct the last rites until compensation has been received from those believed to be responsible for the death. The practice has also been used to pressure the government into accepting demands.
Tatia also questioned whether the dead have human rights, what rights the family of the deceased has on the body, and the state’s responsibility towards the dead.
The order said the government has the responsibility to conduct the last rites, if the family fails to discharge its obligation. A provision to this effect has been given in the Rajasthan Police Act, 2007, under Sections 29 (human rights) and 71 (public nuisance), the commission said.
In his order, SHRC chairman Justice (retired) Prakash Tatia said bargaining over a body violates the limited rights of the dead and should be declared a cognisable offence
Govt Must Conduct Last Rites If Kin Fail To Do So: Raj Rights Panel
TIMES NEWS NETWORK
Jaipur:20.10.2019
The Rajasthan State Human Rights Commission (SHRC) has observed that the body of a deceased person “also has rights” and cannot be used by the family to negotiate claims or stage a protest.
The commission said if the family fails to conduct the last rites as per the customs or the law, it becomes the duty of the government to do the needful with the help of local bodies or the police, if necessary.
In his order, SHRC chairman Justice (retired) Prakash Tatia said bargaining over a body violates the limited rights of the dead and should be declared a cognisable offence.
He also asked the home department to frame appropriate laws in the matter.
Citing the example of gangster Anand Pal, who was killed by police on June 24, 2017, but was not cremated until July 1, 2017 as his family waited till their demands were met, the SHRC stated that the kin, or any other person, cannot keep the corpse for any other purpose except for the time required to perform the last rites.
SHRC also asked the state government to frame a law to tackle the tribal practice of “mautana.”
Under this practice, the family of the person who has died of an unnatural cause does not conduct the last rites until compensation has been received from those believed to be responsible for the death. The practice has also been used to pressure the government into accepting demands.
Tatia also questioned whether the dead have human rights, what rights the family of the deceased has on the body, and the state’s responsibility towards the dead.
The order said the government has the responsibility to conduct the last rites, if the family fails to discharge its obligation. A provision to this effect has been given in the Rajasthan Police Act, 2007, under Sections 29 (human rights) and 71 (public nuisance), the commission said.
In his order, SHRC chairman Justice (retired) Prakash Tatia said bargaining over a body violates the limited rights of the dead and should be declared a cognisable offence
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