Non covid dead body entry in to rented home

KISHORE (Querist) 31 May 2023 This query is : Resolved
Am from kurnool andhrapradesh.. yesterday my mother passed away in pvt Hospital due to cardiac arrest..( not covid dead ) we stay in rented home ...our landlord not allowing body of my mother corridor of my rented house ..as per hindhu tradition we have to do Pooja and take to mahaprastanam and final ritual rites ....is there any Indian law dead body not allowing to rented houses ...as we are in sad they did not understand the situation....

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A person in Kurnool faced a distressing situation when their landlord refused entry for their deceased mother's body to perform Hindu last rites at their rented home. While not a direct legal obligation for landlords, Indian courts have established that deceased bodies have a right to dignity and humane treatment, extending this to performing funeral rites. It is advised to contact the police or an Executive Magistrate for assistance, or even consider an urgent petition to the High Court to ensure the deceased's dignity is upheld.

Sudhir Kumar, Advocate (Expert) 31 May 2023
call police.

kavksatyanarayana (Expert) 31 May 2023
It may be on humanities grounds to do. Ask him or complain in PS.

Dr. J C Vashista (Expert) 02 June 2023
It is a social / personal problem which do not involve legal issue for obligation of experts on this platform.

P. Venu (Expert) 02 June 2023
You may seek the assistance of the Police, or better, the Executive Magistrate at the Taluka or Sub-Divisional level.

T. Kalaiselvan, Advocate (Expert) 03 June 2023
Section 3(42) of the General Clauses Act and Section 11 of the Indian Penal Code defines a person as a company, association or body of individuals and considers such persons as a legal entity with its rights and duties. Although they are silent on whether the dead can be termed as legal entities, the Madras High Court, in the case of Jamuna Das Paras Ram v. State of Madhya Pradesh, held that the term ‘person’ has a wide ambit and includes the person’s body. It stated that a corpse also has the inherent right to remain unmolested and undisturbed, like a person who is alive.

In Pt. Parmanand Katara, the Supreme Court held that inhumane treatment of the dead body is violative of Article 21 of the Constitution as the right to dignity and fair treatment is not only available to a living man, but also to the deceased’s body. Similarly, in S.Sethu Raja v. Chief Secretary, the Madras High Court held that a deceased person must be treated with the same human dignity which a living human being is entitled to. The right to accord a decent burial or cremation to the dead body of a person, the Court observed, should be taken to be a part of this right.
You can report the matter to the police or file an urgent petition before high court seeking dignity for the dead and implead the house owner/landlord as the respondent for seeking the relief of performing last rites as per customs at home before taking the body to the cremation ground.

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