LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunny MP . (Service)     02 June 2017

Is doctor certificate must for cremation?

Dear all,

I have a situation in front of me, I seek your advise how this needs to be addressed. 

Flow of event is as under:

1) An old man in early 80's was admitted to hospital due to stroke and was in coma.  He was in ventilator for 3 days.

2) Hospital suggested the family to take the patient home as there are no chances of recovery

3) Patient was removed of all life supports and discharged from hospital

4) At the gate of the hospital patient dies and was taken to his village by his family for cremation

5) Cremation was done 10 days ago. But Authorities require Doctor Certificate for issuance of Death Certificate

6) When appraoched the Doctor for certificate they denied as the patient was discharged alive

I seek your help/suggestion in such cases is there a way out to approach the court!? Please advise.



Learning

 10 Replies

Ms.Usha Kapoor (CEO)     02 June 2017

After death A doctor should certify death before taking the body to cremation ground.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 June 2017

If Doctor certificate is not existed, then Authorities will enquire your neighbour people & relatives and issue death certificate with a nominal fee. 

1 Like

Sunny MP . (Service)     02 June 2017

Thank you so much Mr.Rama Chary.  I shall cascade this info accordingly.

My question is in case if the authorities deny, is there a way where in this person can approach the court?

Please advise. Many thans in anticipation.


(Guest)

First and most imp. thing I fail to understand without Dr. Certificate how the dead body was allowed at funneral place at first instance , although as mark of respect they allow and some one does all formalities of giving Dr. Certificate at room/office next to funneral place and once he give clearance then only fire is lite to dead body / allowed to be burried . Without doing this formality it is not allowed only. 

Now I feel you need to get in touch with cremation center , then that village office or thesildar first of your thesil and explain the situation. 

In such case if this thing would have taken place that without entry dead body allowed in funeral place/medical certificate not examined that person at funeral place will face departmental enquiry and/or even police investigation if serious crime takes place. 

Meet 1) Cremation center officer 2) Village office 3) Local Police 4) Thesildar of you thesil 

Please note in some cases thesildar has powers to issue death certificate as your case may be but he will order investigation on whole episode in my opinion ( At least this I can tell from my state information) 

Democratic Indian (n/a)     02 June 2017

Please note the fact that body was cremated in the village. The village Panchayat cannot deny this fact. The village Panchayat should issue death cum cremation certificate with proper official stamp and signature.

1 Like

N.K.Assumi (Advocate)     04 June 2017

Obtain death certifice from your District Registration of Births and Death Office.

Sunny MP . (Service)     04 June 2017

Many thanks 'Democratic Indian' for giving me the right suggestion and also replying to Madhu's query.  

The children of the deceased have approached the Village Accountant through Panchayat (who were also present at the cremation) for issuance of certificate.  

In parallel, one of the children is also pursuing with the hospital doctors (where the father died at the gate of the Hospital).

Many thanks to all for your timely response and valuable suggestions.  With this we may end this thread.

Good day to all :)

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 June 2017

When a person dies, the attending doctor normally certifies stating the cause of death. If the death happens under circumstances that no doctor is available to certify the cause of death, the matter should be reported to the police. The police will make enquiries and send the body for post mortem to ascertain the cause of death. After the post mortem the Coroner will release the body with medical certificate. In cities and municipalities bodies will be allowed to be cremated only if the medical certificate is surrendered. The cremation ground authorities will send report to the department in the municipality which issues death certificate.

The purpose of the above procedure is to ensure that there was no fould play/untoward incident like murder, suicide, accident etc.

In your case the body was allowed to be cremated as the Panchayat people did not know law. The Panchayat people cannot give a certificate as Demacratic Indian suggests.  As you say that the patient died at the gate of the Hospital, you report the matter to the police having jurisdiction over the area of the hospital. The police will contact the hospital and ascertain the details. After that the hospital will give you suitable certificate acceptable to the department issuing the death certificate. The purpose of all these is to ensure that there was no foul play or untoward happening and if there was anything the police have taken cognisance of it and are proceeding suitably.

I hope you appreciate the need for such a law. It is for the protection of all of us.

Democratic Indian (n/a)     05 June 2017

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
  The Panchayat people cannot give a certificate as Demacratic Indian suggests.  As you say that the patient died at the gate of the Hospital, you report the matter to the police having jurisdiction over the area of the hospital. The police will contact the hospital and ascertain the details. After that the hospital will give you suitable certificate acceptable to the department issuing the death certificate.

While what you are telling about cremation grounds asking for death certificate from doctors in cities is true, please note the following facts -

 

1. Police has no role to play in case of natural death or natural death by illness. Police can step in only if the death is caused by  crime. Person being treated in hospital and subsequently dying does not normally means crime has been committed.

 

2. Many of the cremation grounds in remote villages managed by Panchayats do not ask for death certificate from doctor for natural deaths and issue certificates about cremation. If such a certificate serves the purpose, well and good, else take that certificate to office of district registration of births and deaths and get the death registered. They will issue their own death certificate after following their procedures.

1 Like

Sunny MP . (Service)     06 June 2017

Many thanks once again.

I understand from the family that the Doctor has now agreed to issue the certificate mentioning cause of death.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query