"Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On Exhumation

The Supreme Court has suggested that the Union Government should consider enacting an appropriate legislation on exhumation.The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living man but also to his body after his death.His family members also have a right to perform the last rites in accordance with the religious traditions.,. The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living man but also to his body after his death.His family members also have a right to perform the last rites in accordance with the religious traditions., the bench comprising Justices Surya Kant and JB Pardiwala observed. While dismissing a plea of Mohammed Latif Magrey seeking hand over of the body of his son who was killed by security forces in the Hyderpora encounter in Jammu and Kashmir, the bench noticed that India has no legislation relating to exhumation except Section 176 of the CrPC. Even a dead person has the right of treatment to his body with respect and dignity It goes without saying that the right to live a dignified life as enshrined under Article 21 of the Constitution is not only available to a living person but also to the "dead".