No SOPs regarding handing over of body to deceased’s family, Govt tells HC

Advocate Arun Panwar, additional standing counsel of the Delhi government, told justice Yashwant Varma that in case someone wants the body to be handed over to other relatives, they can ask hospital authorities

The Delhi government on Thursday informed the Delhi high court that the standard operating procedure (SOP) with respect to the handing over of a dead body to the deceased’s family is not mandatory.

(HT Photo)

The government’s oral response came on plea of Kunj Bihari Bansal (56), a heart patient seeking that his wife, daughter and son-in-law be prevented from claiming his dead body or perform his last rites, on account of a discord with his wife, and his body be instead be handed over to Krish Sharma, who has been taking care of him during his illness.

On Thursday, advocate Arun Panwar, additional standing counsel of the Delhi government, told justice Yashwant Varma that in case someone wants the body to be handed over to other relatives, besides the family members, they can ask hospital authorities.

He also placed a document in the court stating that the SOPs were formulated by an expert committee duly approved and signed by the secretary (health and family welfare) in 2016 and are circulated for customisation and adoption by all hospitals, “however these are by no means exhaustive or prescriptive”. He noted that the SOPs are are available on the Delhi State Health Mission portal.

Taking note of the submission, justice Varma disposed of the plea, saying the stipulations in the SOPs are not liable to be viewed as “mandatory” requiring the release of the dead body to its legal heirs only.

The court said that in case any request is made by the petitioner, then the concerned medical establishment shall honour it, adding that it will be open for the petitioner to express his desire to designate a person of his choice for transferring his body after his demise to perform the last rites.

In his plea, the petitioner said that his wife never allowed him to participate in the upbringing of their daughter, and that the acrimony between them crossed all limits when he was not even invited for his own daughter’s wedding.

The petition says that a person has the right to choose the person who shall perform the last rites as it is his dead body which will be cremated. It sought that the SOPs be interpreted in such a manner that would permit Sharma to perform Bansal’s last rites in the “unlikely event” of his demise.

“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 reads.