Delhi Resident Wants His Body To Be Handed Over To Third Party After Death, Moves High Court To Bar Family From Performing Last Rites
Live LawA 56 year old man, suffering from a cardiac problem, has approached the Delhi High Court praying that his family be prevented from performing the last rites after his death. The plea filed by Kunj Bihari Bansal challenges Clause 7.1 of the Standard Operating Procedure for mortuary framed by the Delhi Government which states that the dead body can only be given to the relatives. The petition prays that the SOP be interpreted in such a manner which would permit Krish Sharma to perform Bansal's last rites in the "unlikely event" of his demise, noted the court. "The Petitioner humbly states that by way of the present Petition he is exercising his right to life,fair treatment and dignity derived under Article 21 of the Constitution of India together with his common law right with respect to disposal of his dead body post his death are his unalienable right as has been held by a catena of judgements passed by Hon'ble Apex Court & Hon'ble Delhi High Court wherein their Lordships hold that Courts should not lightly disturb the wishes of a testator/deceased," the plea reads.