Using a dead body for protest? Haryana govt will take it away and perform last rites

These provisions are part of the proposed bill, titled “The Haryana Honour of Dead Body Act, 2023,” scheduled for discussion in the upcoming Budget session of the Haryana Vidhan Sabha starting on February 20. The bill’s draft received approval from the State Cabinet, chaired by Chief Minister Manohar Lal Khattar, on Monday.

According to the bill’s draft, “Section 6 states that family members should not use the dead body for remonstration or give consent to any other person for the same.”

“Remonstration” is defined under Section 2(h) as “raising demands or baiting for pursuing any demands to prevent the last rites of a dead body through protests, disobedience, agitation, provocation, etc.”

Sections 7 and 8 further delineate the “powers of police and executive magistrate” to seize the dead body and perform last rites. Section 7 specifies that the police, upon reasonable belief, must take possession of the body and promptly inform the Executive Magistrate and District Superintendent of Police. Section 8 details the Executive Magistrate’s role in issuing notices to the family for the last rites and, if necessary, making conditional orders to ensure prompt compliance.

The bill emphasizes that if family members fail to comply even after receiving notices, the public authority will perform the last rites. Furthermore, Section 9 and 10 address the handling of unclaimed dead bodies, emphasizing the need for safe storage, gender-based segregation, and dignified treatment. The bill mandates videography and photography of post-mortem examinations in custodial death cases, along with the establishment of a data bank for genetic data and biological samples of unclaimed bodies.

Sections 16 to 21 outline the penalties for various offenses, with imprisonment and fines prescribed for family members and individuals involved in using dead bodies for protests. All offenses under the act are declared cognizable and non-bailable.

A senior officer emphasized the need for the legislation, citing instances where family members, either independently or at the behest of those with vested interests, disrupted public spaces with dead bodies to express their grievances. The act aims to put an end to such practices, asserting the right of every deceased person to timely and respectful last rites in accordance with community or religious traditions.