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Supreme Court dismissed PIL seeking directions to the Centre, to formulate a comprehensive policy, “protecting Rights of the dead” and rights concerning decent burial.

A Division Bench of Justice L. Nageswara Rao and Justice Hemant Gupta, while granting liberty to withdraw, remarked, “How many forums will you approach? We know it is a serious problem but approach NHRC”

Court asked the petitioner(s) to file an application in the pending matter, and not move Article 32 petition altogether.

Advocate Robin Raju appeared for the petitioners; “There needs to be a policy for rights of the dead. we have seen incidents like bodies thrown in Ganga, we filed representations too. But no action was taken.”

The said PIL was moved in light of the recent news related to dead bodies found floating in the River Ganga.

Following the said occurrence, the National Human Right Commission issued an Advisory giving 11 recommendations to the Centre, States and the UTs for dealing with the present issue.

“The instant PIL has been filed in the wake of tragic news of bodies floating in the river Ganga and also in light of the aforementioned advisory issued by the Hon’ble, NHRC on 14.05.2021, for upholding the Rights of the Dead. The Hon’ble NHRC has in its 9 page advisory given 11 recommendations to the Centre and all the States/UTs while dealing the aforementioned issue," the plea stated.

In another plea which sought for investigation against the authorities responsible for suspicious death of 100's of citizens, dead bodies of which had surfaced in river Ganga, Supreme Court bench of Justice Ashok Bhushan, Justice Vineet Saran and Justice MR Shah refused to entertain it.

Find the recommendations of NHRC here.

Case Title: Distress Management Collective v. Union of India| W.P.(C) No. 586/2021