SC rejects plea seeking formulation of National Mortal Remains Management
What's the story
The Supreme Court on Wednesday dismissed a plea which had sought a direction to the Centre to formulate a National Mortal Remains Management and Disposal Protocol for pandemic and non-pandemic times to be implemented across India.
The plea was filed by a Delhi-based man and it came up for hearing before a bench comprising Justices Ashok Bhushan and RS Reddy.
Last rites
Petitioner was denied right to perform his mother's last rites
The man said that body of his mother was mistaken for some other COVID-19 victim and was handed over to another person due to the negligence of a hospital in Delhi.
The petitioner said that he was denied the sacred right of doing the last rites of his mother, who was not a COVID-19 positive patient, due to the callous action of the hospital.
Quote
You can intervene in suo motu matter: Bench to advocate
"You can intervene in the suo motu matter. You can file proper intervention application. These issues are being taken up in the suo motu PIL. Why should we hear a fresh petition," the bench told advocate Manoj V George, who was appearing for the petitioner.
Suo motu
Suo motu cognizance of reports of bodies being manhandled
The top court had last year taken the suo motu cognizance of reports of improper handling of COVID-19 patients and undignified disposal of victims' bodies in the country.
The suo motu case is titled The Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals Etc.
However, George said this is not an adversarial petition.
Petition
Was denied right of dignified burial to my mother: Petitioner
"My (petitioner) mother's body was swapped and I was denied the right of dignified burial to her. This can happen to anyone," George told the bench, which dismissed the plea.
Petitioner G Manohar had sought directions to all the states to formulate a State Mortal Remains Management and Disposal Protocol for pandemic and non-pandemic times within a reasonable period.
Direction
'Negligence of the respondent hospital is writ large'
"States should be directed to designate the district medical officer to be the appropriate authority for the implementation of this protocol," the plea said.
"The negligence of the respondent hospital is writ large as to say that the respondent hospital was handing over a COVID-19 positive person's body to the petitioner all the while knowing that his mother had not died of COVID-19," it said.
Plea
'Hospital showed complete disrespect to memory of a human being'
"With no safety protocols in place and no proper labeling or procedure for safekeeping of bodies, the respondent hospital negligently handed over the body of the petitioner's mother to a complete stranger," it said.
"This resulted in leaving the petitioner high and dry and insisting that the petitioner take the other body in complete disrespect to the memory of a human being," it said.