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Bombay HC: Civic body circular doesn’t prevent burial of COVID-19 victim

The civic body on March 30 issued a circular that bodies of COVID-19 patients “must be cremated irrespective of religion” but revised it the same day stating that burials would be allowed, provided the burial ground was large. Only five persons can attend the funeral of a COVID-19 victim.

Written by Omkar Gokhale | Mumbai | Published: April 9, 2020 1:32:53 am
Justice A A Sayed passed the order on April 3 on a plea filed by Riyaz Ahmed Mohammed Ayub Khan challenging the BMC circular.

The Bombay High Court has observed that a circular issued by the BMC prima facie does not prevent burial of the body of a minority community person afflicted with COVID-19 and refused to grant interim stay on the civic body’s decision on disposal of bodies of coronavirus victims.

Justice A A Sayed passed the order on April 3 on a plea filed by Riyaz Ahmed Mohammed Ayub Khan challenging the BMC circular. The civic body on March 30 issued a circular that bodies of COVID-19 patients “must be cremated irrespective of religion” but revised it the same day stating that burials would be allowed, provided the burial ground was large. Only five persons can attend the funeral of a COVID-19 victim.

Justice Sayed, after perusing the circular, noted, “It prima facie appears from the circular that it does not prevent the ‘burial’ of dead body of any minority community person afflicted with COVID-19 as sought to be suggested by the petitioners.” Refusing to grant interim relief to the petitioners who sought a stay on the BMC circular, the court posted further hearing to April 24.

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