Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Kerala High Court: Article 21 extends till Person Body is Cremated

1 min read
High Court of Kerala Antiques fraud Investigation

Nishka Srinivas Veluvali

Published On: December 16, 2021 at 18:00 IST

Kerala High Court orders the State Government to arrange for proper medical facilities and help the staff at the Government Medical Colleges so they can conduct night autopsies conveniently.

The Bench headed by Justice PV Kunhikrishnan contended that “Article 21 of the Constitution applies not only to living persons but also continues till the person is cremated.”

The High Court asserted that such delay in performing autopsies violated the right of a dead person and one among the main reasons is that autopsies have been conducted only in daylight.

The Kin of the dead if requests for early burial or cremation then the Laws should be an obstacle in it. The reason for these obstacles is that there is certain time fixed to go ahead with autopsy procedure.

Before concluding, the Court went through many medical books and articles and noted that it has been advised to carry on autopsy in the daylight as it becomes easy to verify the colour.

Although, the Court had asked the State to go ahead with technological advancements to carry out the autopsy work in the night time.

Thus, the Court inferred that the it is the duty of the State to make sure there are no delays in burial or cremation of the dead.

Also Read: The actual meaning of Personal Liberty under Article 21

What is the Responsibility of Government to protect its citizens? (Article-21)