P.V.KUNHIKRISHNAN
Kerala Medico Legal Society, Represented By Its Secretary Dr. Hitesh Sanker T. S. , S/o. T. M. Sankaranarayanan – Appellant
Versus
Government Of Kerala Represented By Its Chief Secretary, Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
The right to dignity and fair treatment is not only available to a living man but also to his dead body. A decent burial of a dead body of a human being immediately after the death, if intended by the kith and kins of that person is far more important than certain legal formalities to be conducted if it is an unnatural death. The obligation of the State to do the needful in such a situation is paramount. The laws of procedure, whether statutory or otherwise can not be a hurdle for an early burial of a dead body, if the relatives and friends of the dead person requested for the same. Nowadays if unfortunately, an unnatural death happened in a family, the bereaved family members of the dead person can not sit in their house, but they have to stand in a queue in front of the police station for early conduct of the inquest of the dead body and thereafter in front of the hospital authorities for early conduct of the postmortem. This is not only the worry of the bereaved family of the dead person but the representatives of the people like local M.L.A(Member of Legislative Assembly), Panchayath presidents, Ward members etc. Everybody will be either in the police station or in th
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