Advocate Rishita Mall, Law Graduate from Campus Law Centre, University of Delhi)
ABSTRACT
“A civilization is measured by how it treats its weakest members”1. Upon demise, a person’s identity is reduced to that of a “body”. A society which respects the deceased’s rights undoubtedly has better standards of morality and humanity. This article emphasizes upon how little we have done in terms of securing the rights of the dead. It explores the importance of the said rights through a multi-disciplinary lens. Posthumous rights include a variety of rights from inheritance to reputation, privacy, publicity, intellectual property rights and, even posthumous reproduction. This article focuses on a dead body’s right to human dignity and, in case of unlawful death, the deceased person’s right to justice. This article examines the legal provisions in India, the precedents which fill the lacunae in them and, international law on the subject. It also looks into the aspect of caste and access to crematoriums and burial lands. The article explores rights of the dead which must be legally recognized, and the need for a sentencing policy which recognizes the right against torture and reduces the uncertainty in capital punishment cases, to ensure that crime and punishment are proportionate. While law is not a preventive or ultimate solution, it certainly does shape public’s trust and their sense of security.
Keywords: Posthumous legal rights, rights of the dead
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