Key Facts
The Madurai Bench of the Madras High Court on Tuesday directed authorities to immediately perform the dignified last rites of Akash Delison, a 26-year-old who died following alleged custodial torture. The family had persistently refused to claim the body, prompting the court to intervene under the Tamil Nadu Anatomy Act, 1951.
Court's Observations
Justice L. Victoria Gowri emphasized that the right to a decent burial or cremation is an extension of human dignity, protected by constitutional values even after death. The court noted that the family had been repeatedly informed and given adequate opportunity, including a specific direction to receive the body on Monday, which was not complied with.
“The continued refusal of the family to receive the body cannot result in indefinite preservation of mortal remains. Such a course would ultimately defeat the very dignity sought to be protected,” the court observed.
Legal Basis
With post-mortem and all medico-legal formalities completed, and samples preserved, the court found no purpose in preserving the body indefinitely. It cited a conjoint reading of Section 2(f) of the Tamil Nadu Anatomy Act, 1951, and Rule 8 of the Tamil Nadu Anatomy Rules, 1951, which empowers the state to arrange burial or cremation at government expense for unclaimed bodies.
Directions to Authorities
The court directed the Madurai Collector, Corporation Commissioner, Dean of Government Rajaji Hospital, and other authorities to take immediate steps for dignified disposal, strictly in accordance with the religious faith, customs, and practices of the family, as far as ascertainable. Before the final rites, the district administration must ensure adequate photographic and videographic documentation of the body for official records. The expenditure shall initially be borne by the state under Rule 8.
Impact on Investigation
The court clarified that the dignified performance of last rites by state authorities should not affect, dilute, or prejudice the ongoing CB-CID investigation into the custodial death. The CB-CID must proceed independently and file its final report before the jurisdictional court expeditiously.
FAQ
Why did the Madras High Court order the last rites of Akash Delison?
The court ordered the dignified disposal of the body because the family repeatedly refused to receive it despite ample opportunity and a specific judicial direction, leaving no alternative but to authorize state authorities to proceed under the Tamil Nadu Anatomy Act.
What legal provisions were cited by the court?
The court cited Section 2(f) of the Tamil Nadu Anatomy Act, 1951, and Rule 8 of the Tamil Nadu Anatomy Rules, 1951, which empower the state to arrange burial or cremation at government expense when a body remains unclaimed after completion of legal formalities.
Will the last rites affect the investigation into the custodial death?
No, the court clarified that the dignified performance of last rites by state authorities should not affect, dilute, or prejudice the ongoing CB-CID investigation, which must continue independently and in accordance with law.
Source: www.thehindu.com