Man’s plea to Delhi HC: Restrain family from last rites

Justice Yashwant Varma asked the authorities to take instructions on the plea by one Kunj Bihari Bansal who has challenged clause 7.1 of the Standard Operating Procedure (SOP) for mortuary framed by the Delhi government which mandates that a dead body can only be given to the relatives

A 56-year-old person on Monday moved the Delhi high court seeking that his family be prevented from performing his last rites and instead his body be handed over to a man, who is “like a son to him” and has been taking care of him during his illness.

“The petitioner… is exercising his right to life,fair treatment and dignity derived under Article 21 of the Constitution of India together with his common law right with respect to disposal of his dead body post his death are his unalienable right…,” the petition read. (HT Archive)

Bansal, who is suffering from cardiac disease, has sought that his wife, daughter and son in law be restrained from claiming his dead body or perform his last rites.

Justice Yashwant Varma asked the authorities to take instructions on the plea by one Kunj Bihari Bansal who has challenged clause 7.1 of the Standard Operating Procedure (SOP) for mortuary framed by the Delhi government which mandates that a dead body can only be given to the relatives.

The petition has sought that the SOP be interpreted in such a manner which would permit Krish Sharma to perform Bansal’s last rites in the “unlikely event” of his demise. Noting that there is serious acrimony among the parties, the court posted the matter for hearing on October 14.

In his plea, Bansal has said that his wife has never allowed him to participate in the upbringing of their daughter so much so that he was not even invited for his daughter’s wedding.

“The petitioner… is exercising his right to life,fair treatment and dignity derived under Article 21 of the Constitution of India together with his common law right with respect to disposal of his dead body post his death are his unalienable right…,” the petition read.