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A plea has been filed in the Supreme Court seeking issuance of directions to the the Union of India and States for setting up of a National/State Mortal Remains Management Disposal Protocol that will be strictly followed by the authorities.

“The callousness of hospitals during this time of Covid-19 pandemic is writ large inasmuch as to say that reputed hospitals that are charging heavy fees and charges for treatment do not have the basic protocols in place leading to unbearable pain and lifelong agony to the relatives of the deceased.”
- Excerpt of Plea

The Petitioner, a resident of New Delhi, seeks to set up a Nationwide Mortal Remains Disposal Protocol. The petition contends that there may be scores of others like him who have to endure the trauma of not just losing their loved ones but also suffer the indignity of how the body of their loved ones is treated without any one to hold responsible for the said apathy.

The facts which are highlighted by the petitioner date back to early morning of 14th September 2020, the Petitioner’s mother felt some physical discomfort and collapsed while getting up to go to the bathroom. Thereupon the Petitioner on seeing her in a collapsed state immediately rushed her to Manipal Hospital located at Sector-6, Dwarka, New Delhi and rushed into the Emergency section of the hospital thereafter some medical interventions at the hospital were done but the Petitioner’s mother was soon declared dead.

“Petitioner sought the services of the Respondent hospital morgue to store the body of his mother till such time as preparations could be made for the burial as per Christian rites and rituals in Burari Christian Cemetery"
- Excerpt of Plea

The Petitioner asked the Respondent hospital to retain the body in the morgue for another day as there were relatives flying down from various parts of India to attend the funeral of the Petitioner’s mother. He was asked to pay an additional amount which he subsequently paid to the hospital.

The petition further stated that the next morning that is on 15th September, 2020:

“The Petitioner along with his father and some relatives took an ambulance and went to the Respondent hospital morgue to take the body of his beloved mother. The Petitioner and his relatives realized that the body was not that of his mother and the Respondent hospital authorities on being asked feigned complete negligence in the matter. The body that was shown to the Petitioner and his relatives had a full set of teeth whereas the Petitioner’s mother had partial dentures that she was not wearing at the time of being rushed to the Emergency. Moreover the body shown to them had blood stains on the abdominal region indicating some injury or bleeding. The Respondent hospital authorities had stated that there were three bodies in the mortuary at the time, 2 female and 1 male and of these two bodies were Covid positive bodies. It thus became apparent that the Respondent hospital had carelessly stored the body of the Petitioner’s mother who was a non-Covid case with that of other Covid positive bodies.”

The family of the petitioner were jolted and suffered a rude shock when they realised that the body of the Petitioner’s mother was carelessly stored alongside other Covid-19 infected bodies in the same mortuary.

Thereafter, it was only upon the insistent and persistent pleas by the family that the Respondent hospital relented and contacted the family that had been handed over the Petitioner’s mother’s body.

“The said Mr. Puneet Kohli arrived at the Respondent hospital morgue and identified the body as that of his mother. Mr. Kohli stated that since his mother had died of Covid-19 related complications, the Respondent hospital authorities scared him up and did not allow him to see the body and they hurriedly took the body to the Punjabi Bagh Crematorium and cremated it.”

It is also noted in the petition that the Respondent remained completely remorseless despite the complete negligence and the ultimate callousness in affording dignity to the remains of a dead person which is a complete breakdown of the existing system and the guidelines provided by the Government of India, on the 15th March, 2020.

“In the matter of Common Cause vs Union of India (2018) 5 SCC 1, this Hon’ble Court held that the right to die with dignity is a fundamental right and therefore an integral part of Article 21.”

The Petitioner has averred that he is deeply pained and inconvenienced at the thorough negligence and unprofessional manner with which the bodies of Covid-19 and Non-Covid patients are stored in the morgue and it was heart wrenching to know that due to this negligence, the body may have been infected and therefore the Petitioner and many of his relatives who had travelled from across India to bid farewell would be forbidden and not allowed to bid farewell which is an important ceremony in Christian Funerals.

In the light of the above-mentioned facts and circumstances, the petitioner prayed before the Hon’ble court for the following reliefs:

“a) Issue a Writ of Mandamus, or any other Writ or Direction to the Union of India to formulate a National Mortal Remains Management and Disposal Protocol for pandemic and non-pandemic times to be implemented across the country and

b) Issue a Writ of Mandamus, or any other Writ or Direction to all State Governments to formulate a State Mortal Remains Management and Disposal Protocol for pandemic and non-pandemic times within a reasonable period.

c) Issue a Direction to the State Governments to designate the District Medical Officer to be appropriate authority for implementation of the above mentioned protocol as deemed fit by this Hon’ble Court,

d) Issue any other writ, order or direction in favour of the Petitioner and such similarly placed persons, as this Hon’ble court may deem fit and proper in the circumstances of the case.”

Case title: G Manohar v. Union of India and 2 others, 21/01/2021