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1984 Supreme(Cal) 250

High Court Of Calcutta
P. C. BOROOAH
RAJESH KHAITAN - Appellant
Versus
STATE - Respondent
Matter 400  Of  1984
Decided On : 07/19/1984

The court emphasized the importance of upholding human dignity, protecting public health, and ensuring proper disposal of unclaimed bodies in accordance with statutory provisions and guidelines.

Headnote:

MORGUE MANAGEMENT - CALCUTTA MUNICIPAL CORPORATION ACT, 1980 - SECTION 468 - GUIDELINES FOR DISPOSAL OF UNCLAIMED BODIES - COURT DIRECTIVES TO IMPROVE MORGUE CONDITIONS AND PRACTICES.

Fact of the Case:

The court took suo moto cognizance of an article highlighting the deplorable conditions of the Mominpur Morgue in Calcutta, where bodies were found scattered and decomposing, violating human dignity and posing health risks. The court issued a Rule Nisi to the Chief Secretary and Keeper of the Morgue to explain why necessary steps were not taken to dispose of the bodies according to Section 468 of the Calcutta Municipal Corporation Act, 1980.

Finding of the Court:

The court found that the photographs submitted by the petitioner accurately depicted the unhygienic and inhumane conditions of the Morgue, with bodies lying scattered and decomposing, and the Chilling Chamber being out of order. The court expressed concern about the lack of proper facilities for receiving and storing bodies, leading to further decomposition.

Issues: 1. Whether the conditions of the Mominpur Morgue violated human dignity and posed health risks. 2. Whether the authorities failed to take necessary steps to dispose of unclaimed bodies as per Section 468 of the Calcutta Municipal Corporation Act, 1980.

Ratio Decidendi: The court held that allowing bodies to accumulate and decompose in the Morgue was an affront to human dignity and a threat to public health. It emphasized the need to uphold human dignity and protect the health of the public living near the Morgue. The court also highlighted the importance of proper disposal of unclaimed bodies within a reasonable time frame to prevent clandestine businesses in skeletons or other body parts.

Final Decision: The court issued detailed guidelines for the State of West Bengal and the Calcutta Municipal Corporation to improve the conditions and practices of the Mominpur Morgue, including renovating the building, repairing or replacing the cold storage chamber, providing running water, disposing of unclaimed bodies within specified time frames, destroying unclaimed viscera, providing a suitable waiting room for relatives, and ensuring no clandestine business in the sale of skeletons or body parts. The court disposed of the Rule Nisi without any order as to costs.

P. C. BOROOAH, J.


( 1 ) BY a letter D/-April 11, 1984 Mr. Rajesh Khaitan, an Advocate of this Court and an elected member of the West Bengal Legislative Assembly drew my attention to an Article entitled "the dead tell no tales" illustrated with photographs appearing at pages 38, 39 and 41 of the issue of "sunday" D/-8/14th April, 1984. After seeing the aforesaid Article and the photographs, in the interest of the public, I issued a Rule Nisi on April 12, 1984 calling upon the Chief Secretary of the West Bengal Government and the Keeper of the Mominpur Morgue to show cause as to why necessary steps should not be taken in accordance with law to dispose of the bodies lying in the Morgue, some of which according to the photographs were in a highly decomposed state. I further directed the respondents to show cause why the bodies should not be disposed of in accordance with the provisions of S. 468 of the Calcutta Municipal Corporation Act, 1980.

( 2 ) BY a later order D/-20-6-1984, I discharged (sic) Shri Bikash Ranjan Bhattacharjee, the State Counsel, as a Special Officer and permitted the petitioner to have photographs of the Morgue taken in the presence of an official of the Morgue so that this Court can be apprised of its present condition. An affidavit by Shri Asit Kumar Paul, a practising advocate and a junior of the petitioner, affirmed on July 9, 1984 has been filed annexing 18 enlargements of photographs taken of the building of the Mominpur Morgue, the inside of the Autopsy Room, the Chilling Chamber and also showing the manner in which the bodies are still kept. These photographs were taken on the 3rd July, 1984 and were all countersigned by Dr. A. K. Maitra, Assistant to the Chief Medical Officer of Health (Medico-Legal), 24-Parganas on 9-7-1984.

( 3 ) THE Learned Advocate General appearing on behalf of the State of West Bengal on instructions from the Medical Officer of the Morgue has admitted that all the photographs depict a true picture of the Morgue and its interior. If this be so, it is rather unfortunate that human bodies are allowed to lie scattered, some even in a skeletal condition without being disposed of. I had expected that after the issue of the Rule Nisi the Authorities concerned would have acted more promptly in disposing of the dead bodies. The Chilling Chamber according to the Learned Advocate General has been out of order and when according to him an average of about 10 bodies come to the Morgue and the Morgue receives bodies from as many as 29 Police Stations, the State Government should take appropriate steps to provide better facilities for receiving the dead bodies and for storing them so that they can be preserved in the condition they are received and that there should be no further decomposition. I am further constrained to observe that it is an affront to human dignity to allow bodies to be stacked like carcasses of animals. I can well visualize the state of mind of a person who might have occasion to go to the Mominpur Morgue to claim the body of a relative or somebody near and dear to him after the necessary post-mortem is over. It is in public interest that immediate steps should be taken to clean up the Morgue and tone up the Administration of the Morgue so that the dead bodies are not allowed to accumulate and get decomposed to a skeletal stage. It may be possible that the decomposition is being deliberately permitted without the knowledge of the Authorities concerned so that a clandestine business in skeletons may be carried on. Therefore, in the interests of the public of Calcutta and to uphold human dignity and also in the interest of the health of the public living in the area surrounding the Mominpur Morgue, I lay down the following guidelines which I hope the State of West Bengal and the Authorities of the Calcutta Municipal Corporation will consider and give effect to as expeditiously as possible. 1) The Morgue building should be immediately renovated and if funds permit, a new

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