SC rejects plea on dead body disposal

February 10, 2021 12:26

The Supreme Court on Wednesday dismissed a plea which had sought a direction to the Centre to formulate a national mortal remains management and disposal protocol for pandemic and non-pandemic times to be implemented across the country.

The plea was filed by a Delhi-based man who had said that body of his mother was mistaken for some other COVID-19 victim and was handed over to another person due to the negligence of a hospital.

The petitioner said that he was denied the sacred right of doing the last rites of his mother who was not a COVID-19 positive patient, due to the callous action of the hospital.

The plea came up for hearing before a bench comprising Justices Ashok Bhushan and R S Reddy. "You can intervene in the suo motu matter. You can file proper intervention application. These issues are being taken up in the suo motu PIL. Why should we hear a fresh petition," the bench told advocate Manoj V George, who was appearing for the petitioner.

The top court had last year taken suo motu cognisance of reports of improper handling of COVID-19 patients and undignified disposal of victims' bodies in the country. The suo motu case is titled as Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in Hospitals etc'.

George said this is not an adversarial petition. "My (petitioner) mother's body was swapped and I was denied the right of dignified burial to her. This can happen to anyone," he told the bench, which dismissed the plea.

Petitioner G Manohar had sought directions to all the states to formulate a state mortal remains management and disposal protocol for pandemic and non-pandemic times within a reasonable period. The plea had said that states should be directed to designate the district medical officer to be the appropriate authority for implementation of this protocol -- PTI

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