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IN THE HIGH COURT OF CALCUTTA
T.B. Radhakrishnan, Arijit Banerjee, JJ.
Vineet Ruia - Appellants
Vs.
The Principal Secretary, Ministry of Health & Family Welfare and Ors. - Respondent
WPA 5479 of 2020 and I.A. No. CAN/1/2020 (Old No. CAN 4144 of 2020)
Decided On : 16-09-2020
Public Interest Litigation - Covid-19 Pandemic - Disposal of Dead Bodies - Right to Dignity - Right to Perform Last Rites - Reporting of Covid-19 Cases - Publication of Infected Persons' Names - [ARTICLE 21, PL Parmanand Katara v. Union of India & Anr. (1995) 3 SCC 248, Ramji Singh @ Mujeeb Bhai v. State of U.P. & Ors. (2009) 5 AllLJ 376, Vikash Chandra @ Ouddu Baba v. The Union of India & Ors. (2008) 2 PLJR 127, Ashray Adhikar Abhiyan v. Union of India & Ors. (2002) 2 SCC 27, S. Sethu Raja v. The Chief Secretary [WP(MD) No. 3888 of 2007], Marimuthu v. State by The Inspector of Police Pennadam Police Station, Vallalar Division, Cuddalore (Criminal Appeal No. 618 of 1995), Pradeep Gandhy vs. State of Maharashtra, Common Cause v. Union of India] - The court emphasized the right to dignity and fair treatment under Article 21 of the Constitution, extending it to the deceased and their mortal remains. It referenced various cases to support the right to a dignified burial or cremation, irrespective of the cause of death, and highlighted the importance of religious and cultural practices in performing last rites. The court issued guidelines for the disposal of Covid-19 victims' bodies, emphasizing the right of the family to perform funeral rites while ensuring necessary precautions.
Fact of the Case:
The petitioner raised grievances regarding the disposal of dead bodies of Covid-19 patients, denial of last rites for the deceased, lack of proper reporting of Covid-19 cases, and non-disclosure of infected persons' names. The court heard the petitioner, the State's Advocate General, and the Counsel for the Union of India, and reviewed reports filed by the State Government.
Finding of the Court:
The court recognized the right to dignity and fair treatment under Article 21 of the Constitution, extending it to the deceased and their mortal remains. It emphasized the importance of religious and cultural practices in performing last rites and issued guidelines for the disposal of Covid-19 victims' bodies, ensuring the family's right to perform funeral rites while taking necessary precautions. The court found the State's measures for reporting Covid-19 cases and publication of infected persons' names adequate.
Issues: Disposal of Dead Bodies - Right to Dignity - Right to Perform Last Rites - Reporting of Covid-19 Cases - Publication of Infected Persons' Names
Ratio Decidendi: The right to dignity and fair treatment under Article 21 of the Constitution extends to the deceased and their mortal remains, irrespective of the cause of death. Religious and cultural practices in performing last rites are essential, and the family's right to perform funeral rites for Covid-19 victims should be upheld while ensuring necessary precautions. The State's measures for reporting Covid-19 cases and publication of infected persons' names were found adequate.
Final Decision: The petition was disposed of, and no costs were awarded. The court issued guidelines for the disposal of Covid-19 victims' bodies, emphasizing the right of the family to perform funeral rites while ensuring necessary precautions. The State's measures for reporting Covid-19 cases and publication of infected persons' names were found adequate.
JUDGMENT :
1. In this writ petition styled as a Public Interest Litigation the petitioner has raised four grievances regarding the manner in which the State Government is monitoring the pandemic situation caused by the deadly novel Corona Virus. The four issues are as follows:
(ii) Relatives and friends of persons admitted to hospitals with Covid-19 or persons who have contracted the disease whilst in hospitals having been admitted for some other malady, and who subsequently passed away, are not being permitted to have a last look at or to pay last respect to the mortal remains of the dead person and to perform the last rites.
(iii) There is no proper reporting of Covid-19 cases or Covid-19 deaths.
(iv) District wise lists should be published containing names of all persons infected with Covid-19.
2. The aforesaid issues are no doubt of vital importance particularly having regard to the havoc-like situation created all over the world including our State, by the sinister novel Corona Virus. Lakhs of people have fallen prey to the deadly Covid-19 and have lost their lives. The situation is indeed grave. Hence, we have heard at length, the petitioner who appeared in person as well as the Learned Advocate General appearing for the State and also the Learned Counsel for the Union of India.
3. Pursuant to our directions recorded on 5 June, 2020 and 28 July, 2020, two reports have been filed on behalf of the State Government by Dr. Saumitra Mohan, Secretary, Department of Health and Family Welfare, Government of West Bengal. We have carefully perused the said reports.
4. With regard to the first and second issues, the response of the State Government is as follows:
In the event of death of a patient, the hospital authorities shall inform the family members within one hour of death.
A body cover with transparent face area shall be used. The body cover supplied earlier shall not be used.
Mask and gloves will be provided to the family members by the concerned hospital after proper sanitization.
The dead body should be kept at a suitable place for 30 minutes during which the family members shall be allowed to pay their last respects."
5. As regards the third issue, i.e., proper reporting of Covid-19 cases or Covid-19 deaths, the State contends:
6. As regards the fourth issue, i.e., publication of names of Covid-19 infected persons in a District w
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