Dignified Farewells: The Right Of Deceased Infants To Decent Burial Or Cremation
- IJLLR Journal
- Aug 1
- 1 min read
Rohtash Babu Patel, Advocate, Madhya Pradesh High Court Jabalpur (M.P).
ABSTRACT
Main aim of this article is to conduct legal research with respect to existing laws in India about the Right of dead under Constitution of Inda along with other laws, rules, and regulations. These articles lay importance of safe burial/cremation of the unidentified and unclaimed infant who lose their life at such a tender age.
Introduction: -
Commonly it said that “upon birth of human being, his personality is recognised and after his death it ceases to exist. In the eyes of law dead person are not considered as person, thus they have limited rights. Though Indian law protects right to property of unborn child till he has life and is not dead. The Bhartiya Naya Samhita 2023 Section 2 (6) and Section 2 (17) defines “death” and “Life” respectively. The endeavour is to find out about the existing legal provisions about right to dead for safe burial/ cremation.
International Framework: -
(a) Geneva Convention (IV) - Article 130 of the fourth Geneva Convention states that the internee dies during the period of interned as honourably buried according to the rites of their religion and that the graves must always be respected, properly maintained, and marked in a way that they can always be recognised.
(b) UN’s Inter Agency Standing Committee’s Operational Guidelines on protection of persons in situation of Natural Disasters (2011)3.-
