Inact law for disposal of bodies
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The President sectariate helpline has transferred on in May 2016 Nurmahal district Jalandhar resident’s representation on enacting law on disposal of human bodies to department of justice. Its website said that residents representation received on April 21 has been transferred to Atul Kaushik joint secretary of department of Justice for further action. In their representation to the President, they had said the Punjab and Haryana high court in its judgment on December 1, 2014, while asking the authorities to carry out Nurmahal-based Divya Jyoti Jagriti Santhan’s head Ashutosh’s last rites within 15 days, had observed that it is high time that the legislature should take up the exercise of framing legislation pertaining to the disposal of bodies.
They said delivering his judgment justice MMS Bedi had said that the Centre or the state for disposal of the dead bodies and for determining the dispute regarding disposal of the dead bodies has made no legislation. He had said this ambiguity existed not only in India, but was a point of controversies in other parts of the world as well.
The court had said although dispute over dead bodies arise in India and its states, the absence of any legislation laying any guiding principal causes inconvenience to the courts, the public and the relations of dead persons.
Justice Bedi had said Article 51-A(h) of the Constitution of India caste a duty on every citizen of India to develop scientific temper, humanism and the spirit of inquiry and reform and the legislature should take up the exercise of framing legislation to the disposal of bodies.
The representation said the mortal remains of Ashutosh, who was declared clinically dead in January 2014, were lying in a deep freezer on the dera premises.
The residents said through this representation they wanted to bring this important issue into the notice of the President and urge him to direct the ministry concerned to deliberate on it and bring this in the House as a Bill.(336)
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