Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
S. Jaya – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. rights surrounding burial and exhumation. (Para 1 , 2 , 3) |
| 2. violation of constitutional rights and lack of legal provisions. (Para 4 , 5) |
| 3. analysis of covid-19 burial guidelines. (Para 6 , 7 , 8) |
| 4. quashing the order and granting exhumation permission. (Para 9 , 10) |
ORDER :
1. This Writ Petition has been filed challenging the order passed by the third respondent dated 23.01.2024, thereby rejected the request made by the petitioner seeking permission to exhume the body of her husband buried at Ambattur Corporation graveyard to rebury at his native place as per protestant Christian rites.
2. The petitioner's husband, while he was working as an Assistant in this Court, was affected with COVID-19. Immediately, he was admitted in the Government Rajiv Gandhi Hospital, Chennai. Unfortunately, due to heart attack, he died on 15.08.2020. His native place is Vembadivillai, Kallukootam Village, Kalkulam Taluk, Kanyakumari District and his entire family members are residing there. They have a common graveyard in their own land and the bodies of their family members were buried there. After demise of her husband, the petitioner sought for permission from the respondents to tak
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.
Involving disposal of dead bodies of Covid-19 victims after giving due consideration to various decisions of Hon-ble Supreme Court as well as other High Courts recognized the fundamental right of any....
(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 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....
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.
The right to a dignified burial is protected under Article 21 of the Constitution of India, and the court prioritizes the deceased's wishes and seeks to avoid conflict between the petitioner and the ....
The court upheld the petitioner's fundamental rights to participate in the funeral rites of his father, invoking Section 37(1)(b)(ii) of the NDPS Act and Section 482 of the Code of Criminal Procedure....
Proper licensing is mandatory for the establishment of burial grounds; unauthorized usage violates statutory requirements, necessitating adherence to procedural norms.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
