Introduction
When a human being is born, their legal personality comes into existence, and after their death, it ceases to exist. Legally, dead persons are not considered individuals with interests or rights. Their property does not remain theirs but passes to their successors. However, the law does provide certain protections concerning their body, reputation, and estate.
Protection Provided to the Dead under Constitutional Law
The rights of the dead under the Indian Constitution are recognized under Article 21, which evolves to include the dignity of the dead. In Parmanand Katara v. UOI, the Court held that the right to life, fair treatment, and dignity under Article 21 extends to a person’s dead body.
This was reaffirmed in Ashray Adhikar Abhiyan v. Union of India, emphasizing the right to a dignified cremation according to religious customs, even for homeless deceased persons.
Also Read: Rights and Status Of Unborn
Protection of the Dead under the Indian Penal Code
While there are no strict rights for the dead under the Indian Penal Code, there are provisions to protect them:
Trespassing on Burial Places (Section 297 IPC):
Punishes trespassing on burial places, offering indignity to a corpse, or disturbing funeral rites with imprisonment up to one year, a fine, or both.
Dishonest Misappropriation of Property (Section 404 IPC):
Punishes those who dishonestly misappropriate property possessed by a deceased person at the time of death, with imprisonment up to three years and a fine. If the accused is in a fiduciary relationship with the deceased, the punishment can extend to seven years.
Defamation (Section 499 IPC):
Explanation 1 to Section 499 makes imputations against a deceased person punishable if they would harm the deceased’s reputation and hurt the feelings of their family.
Criminal Intimidation (Section 503 IPC):
Includes threats to injure the reputation of any deceased person in whom the threatened person is interested.
Protection under the Transplantation of Human Organs and Tissues Act, 1994
This Act ensures that a deceased person’s organs or tissues cannot be harvested without their or their near relatives’ consent. It allows individuals to make wills to donate their organs for humanitarian, research, or educational purposes.
Necrophilia in India
Necrophilia, a psychological disorder involving sexual attraction to corpses, is a serious issue with no specific legal provisions in India. It is punishable under Section 377 (for unnatural lust) and Section 297 of the IPC.
However, these punishments are often inadequate.
A notable case was reported on July 4, 2020, in Palghar, where a shopkeeper killed a woman and subsequently committed necrophilia.
Rights Protecting the Property of the Dead
The law of succession respects the desires of the deceased regarding the distribution of their property, whether for gifts or charity, through testamentary disposition. While the body itself is not considered property, it is treated as quasi-property for the purposes of burial or cremation, ensuring its protection and dignity.
Conclusion
The Supreme Court has underscored that the rights of the dead are protected under Article 21, mandating their dignified treatment. The National Human Rights Commission has recommended enacting specific legislation to protect the dignity and rights of the dead. Instances of disrespect, such as throwing half-burnt bodies into rivers, highlight the need for better laws to uphold the dignity of deceased persons.
FAQs
1. Are dead persons considered to have legal rights?
No, dead persons are not considered to have legal rights, but the law provides certain protections regarding their body, reputation, and estate.
2. What protections does the Indian Penal Code offer for the dead?
The IPC offers protections against trespassing on burial sites, misappropriation of the deceased’s property, defamation, and threats to the deceased’s reputation.
3. Can a person make a will to donate their organs?
Yes, under the Transplantation of Human Organs and Tissues Act, of 1994, a person can make a will to donate their organs for humanitarian, research, or educational purposes.
Also Read: Legal Status and Rights of Lunatic and Drunken Persons
Reference: toppr.com