On Wednesday, Former Union Law Minister and Senior Advocate Dr. Ashwani Kumar has written to CJI SA Bobde highlighting the grave infraction of the Citizen's Right to die with dignity amid the COVID-19 pandemic.

In his concerned letter, he has urged CJI to take suo moto notice of various reported incidents, in which COVID-19 patients are being ill-treated and their dead bodies are being manhandled.

He has drawn the attention of the CJI towards a tragic indecent in Madhya Pradesh where an elderly man suffering from COVID-19 was tied to a bed, after he allegedly failed to make payment of fees for his treatment.

One more similar incident in the Union Territory of Puducherry, he pointed out whereby Government workers could be seen throwing the body of a COVID-19 positive man into a pit.

The letter to this regard read:

"The tragic and condemnable sight of a Covid-19 patient being chained to a bed in a hospital in Madhya Pradesh and another sight in Puducherry of a dead body being thrown in a pit for burial, has shocked the conscience of the Republic committed to human dignity under the Constitution, which recognizes dignity as a core constitutional value at the pinnacle in the hierarchy of non-negotiable constitutional rights."

He highlighted that Right to die with dignity embracing right to decent burial or cremation, is a Fundamental Right under Article 21 of the Constitution.

The letter further read:

"It is requested that the Court takes suo-motu notice of the matter. In view of the shocking infraction of the fundamental right to dignity…Your Lordships are respectfully requested, to issue such orders, writs or other directions as will effectuate the citizens' right to die with dignity."

The Delhi HC had recently taken suo moto cognizance of a newspaper report in which the sad state of bodies was higlighted of those who have died of COVID-19 and were being handled by the mortuary as well as crematoriums. Issuing order under the same, the Court has asked the Delhi Government to file a status report highlighting the degree of compliance with its own guidelines on proper disposal of bodies of COVID19 patients.

Similarly under Article 21, Madras and Bombay High Court has taken the suo moto cognizance of similar incidents occuring in their State.

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