Chapter 9 - A Critical Study on Violation of a Decent Burial/Cremation Right of a Dead Person During COVID-19: Special Reference to India

Abstract

This chapter broadly focuses on the rights of a dead person relating to his/her burial or cremation. Recently the ongoing pandemic has brought to the forefront many appalling incidences in India that have forced us to think that whether even a dead person has any right after death? In this chapter, the author is going to discuss about the law relating to the rights of a dead person, giving special attention to the right for a decent burial or cremation in the context of both Indian and international legal systems, as well as in such pandemic situations. This chapter further focuses on the issues of violation of a dead person’s right to a decent burial/cremation in India through various case studies and their psychologic impact on the society. This discussion will also shed light on the pros and cons of the laws and guidelines relating to dead body management during a pandemic as prescribed by the WHO and the Indian government for the benefit of the society as a whole.