MADURAI: Holding that the right of a deceased person to receive a decent burial or cremation is an extension of human dignity and the same cannot be denied merely because the relatives declined to act, the Madurai Bench of Madras High Court directed authorities to take immediate steps for the dignified burial or cremation of the mortal remains of R Aakash of Manamadurai, who allegedly died due to custodial torture on March 8.
Justice L Victoria Gowri gave the direction after Aakash’s family members declined to receive his body, which has been kept in the mortuary of Government Rajaji Hospital in Madurai for more than three months, despite a specific order passed by the court to claim the body by 5 pm on Monday.
A counsel representing Aakash’s father, A Rajesh Kannan, told the court on Tuesday that there was lack of transparency immediately after the occurrence and attempts were allegedly made to persuade the family to settle the matter. Unless stronger action is taken against all officials allegedly involved in the occurrence, the family is unwilling to receive the mortal remains in order to secure complete justice, he added.
However, additional advocate general B Saravanan contended that the grievances which originally necessitated judicial intervention have already been substantially addressed. Therefore, the continued refusal to receive the body cannot be justified on the ground that investigation has not progressed, he added.
He further pointed out that the body has undergone substantial decomposition and continued preservation would serve no investigative purpose and is inconsistent with the dignity that must be accorded to the deceased.
Hearing both sides, Justice Gowri observed that custodial death allegations require the highest degree of judicial sensitivity and institutional accountability. “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,” she observed. She also cited that the Tamil Nadu Anatomy Act and Rules, 1951 make it clear that if a body remains unclaimed after completion of legal formalities, the state is empowered to arrange burial or cremation at government expense.
She directed the Madurai collector, corporation commissioner and dean of GRH, among others to ensure dignified disposal of Aakash’s body after adequate photographic and videographic documentation of the body.