Why in News?

• Recently, the Rajasthan Assembly passed “The Rajasthan Honour of Dead Body Bill, 2023,” which penalizes protests with a dead body.
• This Bill contains provisions to provide honour to the dead body and uphold its basic human rights.
• This is probably the first of its kind among the Indian States.

Background

Due to the following reasons, the Rajasthan Government came up with this bill:

• There has been an increase in cases where the family sits with a dead body and demands compensation.
• In 2014-18 there were 82 incidents of ‘demonstration and dharna’ after holding the dead body on streets or outside the police stations, and this figure rose to 306 during 2019-23, though 91 cases were registered in the police stations.
• There are about 3016 unclaimed bodies so far in the State of Rajasthan.
• Since the incidents of remonstration for unjustified demands are increasing in Rajasthan and in this matter, there are no adequate provisions in the existing law, likewise, to keep a record of unclaimed bodies, protection of genetic data information through DNA profiling and digitization and confidentiality of information are need of the hour.

Legal Provisions

The Rajasthan Honour of Dead Body Bill, 2023.

• The proposed Bill’s main objective is to provide dignity to the dead.

Right to last rites

• This Bill gives a dead person “Right to last rites” and has provisions for storage, maintenance of dataset and disposal of unclaimed dead bodies.

Discourages Remonstrations

• This Bill serves as a deterrent on the rising trend of remonstrations and also works towards protection of data relating to unclaimed bodies.

Dead body to be claimed by the family of the deceased

• The Bill binds the deceased person’s family to claim the dead body at the earliest and empowers the district administration to seize the body and conduct the last rites.
• In cases of protest with the dead body, there are provisions for imprisonment for up to five years.

Offences and Punishments

• According to the Offences and Punishment laid down in the new bill, any family member who does not take possession of the dead body shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
• Any family member who uses the dead body for remonstration or gives consent to any other person for using the body for remonstration, shall be punished with imprisonment for a term, which may extend to two years and with fine.
• For any person, other than family members, who uses the dead body for remonstration, shall be punished with imprisonment for a term, which shall not be less than six months, but which may extend to five years and with fine.
• If any authorized person or persons, discloses any kind of Genetic Data Information and Confidentiality of Information, shall be punished with imprisonment for a term, which shall not be less than three years, but which may extend to ten years and with fine.
• Whoever attempts or conspires to commit an offence under this Act shall be punished in the same manner as if he had himself committed that offence.

Safeguards

• The bill will provide protection to the religions, traditions and sentiments of all communities and tribal people and there would be a nodal officer to solve the immediate problems of the kin of the deceased.

Case Laws:

Adhikar Abhiyan v. Union of India (2002), in this the Supreme Court issued directions for decent burial or cremation of the unclaimed dead bodies. The court further said that the human dignity with which living human beings are expected to be treated, should also be extended to a person, who is dead and the right to accord decent burial or cremation to the dead body of a person, should be taken to be a part of the right to such dignity.