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V. G. ARUN
Rajesh S/o Late Sarojani and Ayyappan – Appellant
Versus
Sub Divisional Magistrate, Kochi – Respondent
JUDGMENT :
V.G. ARUN, J.
1. The not so pleasant facts emerging from these writ petitions are as under:
The right to decent burial is a facet of the right to life guaranteed under Article 21 of the Constitution of India.
The central legal point established in the judgment is that the conditions and restrictions for burying a body, as outlined in Rule 7 of the Tamil Nadu Village Panchayats (Provision of Burial and Bur....
(1) Disinterment of body of slain militant for the purpose of religious rituals – After a body has been buried, it is considered to be in custody of law – Disinterment is not a matter of right – Dist....
The court emphasized the need for fair hearing before administrative orders affecting burial rights under specific statutes.
The court affirmed the right to a decent burial under Article 21 of the Constitution, allowing exhumation for religious rites after confirming no health hazards from COVID-19 exist after four years.
A burial site requires a license from the Village Panchayat, and procedural lapses in reclassification of land as a burial ground render such actions invalid.
The court affirmed the right to burial in accordance with religious customs, emphasizing the need for designated burial grounds for minority communities to prevent discrimination.
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