Madras HC takes cognisance of mob attack against burial of doctor who succumbed to COVID-19

The Madras High Court on Monday issued notice to the state on the issue of the right to burial being guaranteed under Article 21 after taking cognisance of a news item telecast on Sunday evening on how the burial of a doctor, who succumbed to a heart attack after his ongoing health problems were aggravated on account of COVID-19 infection, invited mass opposition, creating a law and order situation, reports legal news website LiveLaw.in.

"In the considered opinion of the court the scope and ambit of Article 21 includes, right to have a decent burial. It prima facie appears that as a consequence of above said alleged acts, a person who practiced a noble profession as a doctor and breathed his last, has been deprived of his right, to have a burial, in a cemetery earmarked for that purpose and that apart, on account of law and order and public order problem created, the officials who have performed their duties, appeared have sustained grievous injuries," observed the Division Bench.

A media channel, Puthiya Thalaimurai had telecast a news item at the evening hours on Sunday showing that a medical doctor, who already had health problems, suffered a heart attack due to complications developed on account of a COVID-19 infection. When his body was taken to a Christian cemetary at Kilpauk, Chennai, the residents of the area assembled in large numbers and opposed the burial.

"As a consequence, the body had to be taken to Velangadu and buried. In the process, the ambulance in which the body was taken was also attacked, as were the persons accompanying the body. There was a law and order and public order problem on account of the said act and as a consequence, some public servants were also injured," narrates the order.

The court also took judicial notice of the fact that the information relating to the Ministry of Health and Family Welfare guidelines on 'Social Stigma Associated with COVID-19'.and 'Dead Body Management' are available in public domain and the people are expected to be aware of the said guidelines and follow them.

"Citizens are not expected to take law and order into their hands and if it is so, would definitely lead to anarchy. There is likelihood of similar kind of incidents to occur in future also," remarked the bench, as per the report published on LiveLaw.in.

Reference was made to section 297 of IPC which prescribes punishment for trespass on burial places.

It was further observed that in the 1963 case of Kharak Singh, the apex court had considered the purview of Article 21, ".... The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body or amputation of an arm or leg or the putting out of an eye or the destruction of any other organ of the body through which the soul communicates with the outer world...Moreover it is every kind of deprivation that is hit by Article 21, whether such deprivation be permanent or temporary..."