Court Emphasizes Right to Dignity Extends Beyond Life, Directs State Authorities for Proper Burial Despite Family's Refusal
In a significant ruling, the Madras High Court's Madurai Bench, presided over by Justice L. Victoria Gowri, has ordered the dignified disposal of the mortal remains of Akash Delison, who died in police custody, after his family refused to claim his body for over three months. The court underscored that the right to dignity, enshrined under Article 21 of the Indian Constitution, extends beyond life to ensure a decent burial or cremation.
The case, titled A. Rajeshkannan v. Home Secretary, Govt. of Tamil Nadu, arose from the family's refusal to receive the deceased's body due to concerns about the circumstances surrounding his custodial death. Despite a specific court directive issued on June 15, 2026, to collect the body, the family did not comply, leading to this judicial intervention.
Justice Gowri emphasized that the constitutional values safeguarding human dignity during life continue to apply posthumously. The court noted that the prolonged retention of the body, which remained unclaimed in the mortuary, had resulted in substantial decomposition, raising public health concerns and causing hardship to medical authorities.
The court directed the District Collector of Madurai, along with other competent authorities, to proceed with the burial or cremation at the state's expense, in accordance with the deceased's religious customs. The court also mandated the preservation of photographic and videographic documentation of the body prior to the final rites.
Furthermore, the court ensured that the ongoing investigation into the custodial death, conducted by the Crime Branch-Criminal Investigation Department (CBCID), remains unaffected by the disposal of the body. The CBCID is instructed to continue its inquiry independently and file a final report expeditiously.
This decision reflects the court's commitment to upholding human dignity, even in death, and underscores the state's responsibility to ensure a respectful disposal of unclaimed bodies, aligning with precedents set by the Supreme Court and other High Courts in similar cases.
Bottom line:-
Custodial death - Right to dignity includes the right of a deceased person to receive a decent burial or cremation - State authorities directed to ensure dignified disposal of mortal remains in accordance with law despite refusal by the family to receive the body.
Statutory provision(s): Article 21 of the Constitution of India, Tamil Nadu Anatomy Act, 1951 Section 2(f), Rule 8, Bharatiya Nyaya Sanhita, 2023 Section 103, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(2)(v).
