Sunday, 30 November 2014

NHRC recommends Rs 1 lakh in case of carelessness in keeping dead body safely in mortuary of a Govt. hospital

New Delhi, 12th August, 2014


The National Human Rights Commission in a case of carelessness in keeping a death body safely in the mortuary of the Government run Amrit Kaur Hospital, Beawar, Rajasthan has observed that it is a serious violation of right to dignity in death and recommended that the Government of Rajasthan pay Rupees one lakh to the next of kin of deceased within six weeks. The Chief Secretary of the State has been asked to submit a compliance report. 

During the course of enquiry , the Commission found that the dead body of Janta Devi, who died due to drug reaction in the hospital on 11th January,2012, was not kept safely in deep freezer but was left on the autopsy table itself. Parts of her right ear and left eye were bitten by Rats. One of the staff of the hospital was terminated from the service for his lapses and disciplinary proceedings had been initiated against the rest of the staff members.


Mr. Justice D. Murugesan, Member, NHRC has observed that the word and expression 'person' in Article 21 of the Constitution would include a dead person in a limited sense and that his right to life which included right to live with human dignity, will have an extended meaning to treat his dead body with respect.

The state is obliged in law to keep the dead body in safe custody so that the family members of the dead person, who have the right to either bury or cremate the dead body with all the respects, can perform last rites with dignity which the dead body requires.

The Commission takes this issue as a serious violation of human dignity of the dead body of the woman and infringement of the human rights of its relatives.
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