Jharkhand High Court

Sitwanto Devi Mahila Kalyan ... vs The State Of Jharkhand Through The ... on 17 June, 2021

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IN THE HIGH COURT OF JHARKHAND AT RANCHI


                    W.P. (PIL) No. 1961 of 2021
Sitwanto Devi Mahila Kalyan Sansthan, officiating at Surajpath Baridih
Basti, P.O., P.S.-Baridih, District-East Singhbhum, Jamshedpur, through its
Secretary Sri Madan Mohan Singh, aged about 55 years, S/o Tejnarayan
Singh, R/o Prabhu Dwar, Nirala Path, Baridih Basti, P.O-Baridih, P.S-
Sidgora, Jamshedpur, District- East Singhbhum. ......                Petitioner
                            Versus
1.The State of Jharkhand through the Chief Secretary, Government of
Jharkhand having its office at Project Bhawan, P.O., P.S. Dhurwa &
District-Ranchi.
2.The Health Secretary, Government of Jharkhand having its office at
Project Bhawan, P.O., P.S. Dhurwa & District-Ranchi.
3. The Principal Secretary, Department of Home, Prison and Disaster
Management having its office at Project Bhawan, P.O., P.S. Dhurwa &
District-Ranchi.
4. The Deputy Commissioner, Jamshedpur, in his capacity as head of the
District and in representative capacity for other Districts of Jharkhand, P.O.,
P.S-Jamshedpur, District-East Singhbhum.
5.The Deputy Commissioner, Ranchi, P.O., P.S. & District-Ranchi.
6.Deputy Commissioner, Dhanbad, P.O., P.S. & District-Dhanbad.
7.TATA Main Hospital, through its General Manager, officiating at C-Road,
West Northern Town, Bishtupur, P.O., P.S-Bishtupur, Jamshedpur.
                                              ......                 Respondents

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CORAM:             HON'BLE THE CHIEF JUSTICE
              HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                         ----------
For the Petitioner       : Ms. Aprajita Bhardwaj, Advocate

For the Respondent-State : Mr. Ashutosh Anand, A.A.G.III For the Respondent No.7 : Mr. Amit Kumar Das, Advocate

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Oral Judgment:

Order No.3/Dated: 17th June, 2021

1. With consent of the parties, hearing of the matter has been done

through video conferencing and there is no complaint whatsoever regarding

audio and visual quality.

2. The defects, as pointed out by the office, are hereby ignored.

3. The instant writ petition has been filed under Article 226 of the

Constitution of India, however, public interest litigation, praying inter alia

for the following reliefs:

"a. For showing cause the Respondents in general and

the Respondent no.4 to 7 in particular as to why the

Guidelines issued by the Government of India, Ministry of

Health and Family Welfare, Directorate General of Health

Services being - "COVID-19: GUIDELINES ON DEAD

BODY MANAGEMENT," is being flouted and not being

complied with strictly leading to disrespect to the dead bodies

of the COVID-19 affected persons and upon considering the

replies of the respondents may be pleased to pass necessary

directions for paying due respect to the COVID-19 deceased

as well as their wards strictly as per the said guidelines and in

conformity with Article 21 of the Constitution of India.

b. For a direction upon the Respondents for allowing

the family members of the COVID-19 deceased, who are

willing to claim the bodies, to perform the last customary

rites of the departed soul as per their tradition and custom,

with due safety, complying with the restrictions imposed by

the government in order to give due respect to the departed

soul one last time, as the same very much falls within the

constitutional obligations enshrined under Articles 21 and 25

of the Constitution which aspect has in fact been properly

taken care of under "COVID-19: GUIDELINES ON

DEAD BODY MANAGEMENT," above referred but is

being unfortunately not complied and is being rather flouted.

c. For direction upon the respondents to issue

guidelines and Standard Operating Procedure in respect to the

disposal of dead body of COVID-19 positive person by the

immediate next of kin of the deceased who are willing to

claim the bodies to perform the last rites as well as guidelines

for funeral and burial as has been done in other States in

order to respect and protect the dignity of the dead, their

cultural, religious traditions and customs."

4. Ms. Aprajita Bhardwaj, learned counsel appearing for the writ

petitioner has submitted that the State Government is not following the

guideline issued by the Government of India as also the State Government

which has been notified for the people in general pertaining to Covid-19

Guidelines on Dead Body Management dated 15.03.2020 wherein the State

Government has taken decision for handing over the dead body of the person

died due to Covid-19 to their kith and kin or relatives in order to pay due

respect to their relatives as per their religious traditions.

5. The respondent-State of Jharkhand has filed counter affidavit in

pursuant to the order dated 03.06.2021 stating inter alia therein that the

grievance raised by the writ petitioner is partially true. Further it has been

stated that Covid-19 patients were handed over to the local administration by

the hospitals and family members were not allowed to dispose of the dead

body by themselves.

6. Learned counsel for the writ petitioner has submitted that the

grievance raised by the writ petitioner has been admitted by the answering

respondents and drawing the attention towards Annexure-E appended to the

counter affidavit filed on behalf of the respondent no.6-Deputy

Commissioner, Dhanbad dated 04.08.2020, it has been decided that the

persons who have died due to Covid-19, their dead body will be handed over

to their kith and kin after standard operating Protocol and if the kith and kin

will not offer themselves to accept the dead body for the last rites for 24

hours then the dead body will be disposed at the level of the local

administration. According to the learned counsel for the petitioner since the

Government has formulated a guideline dated 04.08.2020 it has to be

followed in its letter and spirit but having not done so the writ petitioner is

entitled to the relief sought for in this writ petition.

7. We have heard learned counsel for the parties, perused the documents

on record and after considering the prayer made in this writ petition which is

for issuance of appropriate direction to follow the guideline dated

04.08.2020 annexed as Annexure-E to the counter affidavit filed on behalf of

the respondent nos.1 and 6 dated 16.06.2021 whereby and whereunder it has

been decided to hand over the dead body of the persons died due to Covid-

19 infections to their kith and kin after following the standard operating

protocol for his last rites and after 24 hours if nobody is turning up from the

family members of the deceased, the dead body is decided to be disposed of

by the local administration.

This Court has considered the counter affidavit filed on behalf of the

respondent nos.1 and 4 dated 16.06.2021 wherein at paragraph 18 it has been

stated that the contention raised by the writ petitioner is partially true. For

ready reference, paragraph-18 of the counter affidavit is quoted herein:

"18. That with regard to the statement made by the

petitioner in paragraph 11 of the writ application under

reply, it is humbly stated and submitted that it is partially

true. It is true that the COVID-19 patients were handed over

to the local administration by the hospitals. Family

members were not allowed to dispose of the dead body by

themselves. They were permitted to perform the religious

rituals and last rites according to the Covid-19 Guidelines

on Dead Body Management. There are two burning ghats in

Jamshedpur and only one was being used for disposing the

COVID-19 dead bodies for the Hindus, as in the initial

phase of COVID-19, law and order issue had emerged in

one of the burning ghats."