The National Human Rights Commission (NHRC) on Friday issued an advisory to the Centre, the States and Union territories seeking the enactment of a special law to protect the rights and dignity of the dead; setting up of temporary crematoriums, sensitization of the staff working in crematoriums/ burial grounds/ cemeteries; and has encouraged the use of electric crematoriums.
The advisory comes in light of the large number of deaths reported by the media on the mismanagement/mishandling of Covid-19 affected dead bodies.
The NHRC has said that piling up of bodies, Mass burial/ cremation should not be allowed to take place as it is in violation of the right to dignity of the dead," the statement read. The advisory also prompted by a complaint about reports of close to 2000 bodies floating in the Ganga.
The apex rights body has sought a response from the Centre, along with the governments of Bihar and Uttar Pradesh on this issue.
The second COVID wave has seen a significant number of fatalities linked to the novel coronavirus as compared to the first COVID wave. India has recorded more than 262,000 deaths since the onset of the pandemic in March 2020 of which 40% was recorded since the beginning of March this year.
According to media reports, families wait hours as undertakers across the country have been working overtime to cremate and bury the dead in accordance with religious rituals.
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Burials, cremations challenging due to the record number of deaths: NHRC
"As of May 9, 2021, globally 32,96,841 people have died on account of COVID-19 pandemic whereas in India 2,42,398 people have lost their life due to this deadly virus. Due to this record number of National Human Rights Commission, deaths, the process of management of dead bodies while adhering to the Covid safety protocol, transportation of dead bodies and their burial or cremation, etc., has become challenging," NHRC's statement read.
The NHRC said that despite guidelines issued by WHO, NDMA, Centre, and various State Governments emphasizing the maintenance of the Covid Protocol while upholding the dignity of the dead, "…various disturbing facts have surfaced through the media that have reported about the mismanagement/ mishandling of COVID-19 affected dead bodies thereby lowering their dignity."
"There is a need for specific legislation to be enacted for the purpose of upholding the dignity and protecting the rights of the dead," NHRC said highlighting the issues.
In view of a large number of COVID deaths and the long queue of dead bodies seen at crematoriums, temporary arrangements should be made urgently in order to avoid undue delay in cremation, it added. In order to ensure that dignity is upheld during the handling of dead bodies, the cremation/ burial ground staff must be sensitized about proper handling of the dead body. Further, they need to be provided necessary safety equipment and facilities so that they may perform their duty efficiently without any fear or risk," the apex body said.
The rights body also sought fair wages for the crematorium staff to compensate for their hard work. Further, they should be vaccinated on a priority basis keeping in view the risk they are exposed to," it said.
In case the family members of the deceased are not able to perform the last rite, the State/Local Administration may perform the same taking religious/cultural factors into account.
The NHRC sought a curb over arbitrary hike/overcharging for transportation of dead bodies. The prices of the hearse/ambulance services should be regulated so that people are not exploited and do not face difficulties in transportation of dead bodies," it said.
The rights' body further explicitly prohibited hospital administrations from "deliberately retaining any dead body on the count of pending bill payment." The unclaimed bodies are stored under safe conditions, NHRC's recommendation read.
