In a first of its kind, the Rajasthan Assembly on Thursday, 20 July passed The Rajasthan Honour of Dead Body Bill, 2023, prohibiting protests by relatives of deceased persons, sitting with dead bodies on roads or public places. The Bill states that such acts will become an offence, punishable with imprisonment of up to five years.
The Bill also seeks to ensure that every dead person has the right to last rites with dignity. This comes at a time when there is a significant rise in the number of cases of protests by family members with dead bodies.
But, wait. What exactly does the Bill state and why was there a need to bring it in? The Quint explains.
What is The Honour of Dead Body Bill, 2023?
What is the Honour of Dead Body Bill, 2023, Passed by Rajasthan Assembly?
1. What does the Bill Say About Protection of Data of Bodies?
4. Penalty: The Bill lays down the punishment with imprisonment for six months, one year, two years and five years for different offences, such as refusal to take possession of a body, demonstration with a body by a family member or a person other than a family member, and giving consent for such demonstrations and protests.
Expand2. Why was the Bill Introduced?
One of the most important provisions of The Rajasthan Honour of Dead Body Bill, 2023, is for the maintenance and protection of data of unclaimed dead bodies.
The genetic data information of an unclaimed body must be obtained through DNA profiling and handed carefully as the same may be required to trace the identity of the unclaimed dead bodies, the Bill states.
The Ashok Gehlot-led State Government is also planning to establish a data bank in order to store the genetic data and biological samples of the unclaimed bodies.
The Bill also states that the government “shall create a web portal to maintain a district-wise digital dataset of death cases for unidentified dead bodies. Such data can be used to tally with the missing persons' data as per the cases recorded."
If any person discloses the genetic data information, they shall be imprisoned for a term which shall not be less than three years, but which may extend to 10 years and with fine, the Bill states.
Expand3. How has the BJP reacted to the Bill?
The Bill comes in response to the alarming increase in cases of protests with dead bodies. While speaking at the Assembly, Parliamentary Affairs minister Shanti Dhariwal said, “It is becoming a habit of people to keep a dead body for seven-eight days and demand jobs or money”.
During the previous BJP government (2014-2018), 82 such cases were recorded and 30 police cases filed, as per Dhariwal. Under the current government (2019-2023), however, this number has risen significantly to 306 cases, the minister added.
Dhariwal said, “Till now, there was no such act and there was no provision in regard to any other act”.
Defending the Bill, Dhariwal told the House, “The Supreme Court of India in Writ Petition (Civil) 143/2001 Ashray Adhikar Abhiyan V/s Union of India issued directions for decent burial or cremation of the unclaimed dead bodies. Human dignity with which living human beings are expected to be treated should also be extended to a person, who is dead and the right to accord decent burial or cremation to the dead body of a person, should be taken to be a part of the right to such dignity."
Expand
The Bill states that it provides “honour to dead body and upholds its basic human rights in the state of Rajasthan and matters connected therewith and incidental thereto”.
For the ease of understanding, let’s divide it into four major points.
1. Rights of the dead body: According to the Bill, every dead person shall have the right to decent and timely last rites with respect to the custom of their community or religion as soon as possible.
It adds that the family members of the deceased must ensure that the rites are performed as soon as possible, unless on account of the arrival of the next of kin, or other “exceptional reasons.”
If the family members do not perform the last rites despite the orders of the local police officer or the Executive Magistrate, these will be performed by the public authority, the Bill states.
2. Possession of body: As per the bill, the district administration has the authority to take action if the deceased person’s family resorts to protests with the body.
In such cases, the administration has the lawful right to “seize the body” and conduct the last rites, thereby preventing prolonged public demonstrations, it said.
According to the offences and punishment laid down in the new Bill, any family member, who does not take possession of the dead body as per the provisions of section 5, shall be punished with imprisonment for a term, which may extend to one year or with fine or with both.
3. Storage of unclaimed bodies: In the case of an unclaimed body, the hospital administration must store it under “safe conditions in the deep freezer to prevent any decay or damage to the dead body.”
4. Penalty: The Bill lays down the punishment with imprisonment for six months, one year, two years and five years for different offences, such as refusal to take possession of a body, demonstration with a body by a family member or a person other than a family member, and giving consent for such demonstrations and protests.
What does the Bill Say About Protection of Data of Bodies?
One of the most important provisions of The Rajasthan Honour of Dead Body Bill, 2023, is for the maintenance and protection of data of unclaimed dead bodies.
The genetic data information of an unclaimed body must be obtained through DNA profiling and handed carefully as the same may be required to trace the identity of the unclaimed dead bodies, the Bill states.
The Ashok Gehlot-led State Government is also planning to establish a data bank in order to store the genetic data and biological samples of the unclaimed bodies.
The Bill also states that the government “shall create a web portal to maintain a district-wise digital dataset of death cases for unidentified dead bodies. Such data can be used to tally with the missing persons' data as per the cases recorded."
If any person discloses the genetic data information, they shall be imprisoned for a term which shall not be less than three years, but which may extend to 10 years and with fine, the Bill states.
Why was the Bill Introduced?
The Bill comes in response to the alarming increase in cases of protests with dead bodies. While speaking at the Assembly, Parliamentary Affairs minister Shanti Dhariwal said, “It is becoming a habit of people to keep a dead body for seven-eight days and demand jobs or money”.
During the previous BJP government (2014-2018), 82 such cases were recorded and 30 police cases filed, as per Dhariwal. Under the current government (2019-2023), however, this number has risen significantly to 306 cases, the minister added.
Dhariwal said, “Till now, there was no such act and there was no provision in regard to any other act”.
Defending the Bill, Dhariwal told the House, “The Supreme Court of India in Writ Petition (Civil) 143/2001 Ashray Adhikar Abhiyan V/s Union of India issued directions for decent burial or cremation of the unclaimed dead bodies. Human dignity with which living human beings are expected to be treated should also be extended to a person, who is dead and the right to accord decent burial or cremation to the dead body of a person, should be taken to be a part of the right to such dignity."
How has the BJP reacted to the Bill?
Leader of Opposition Rajendra Rathore compared the Bill to Defence of India Act (DIR) and Maintenance of Internal Security Act (MISA) during the Emergency, and said, “Our culture is such that no person protests with the body of their kin unless there has been absolute injustice or an atrocity. You are playing with emotions. No one is scared due to this law and we are ready to face it,” The Indian Express reported.
In a tweet, BJP IT Cell head Amit Malviya said that the time had come for the “last rites of the Congress government in Rajasthan."
“Ab Rajasthan mein janta ki hak ki ladai ko kuchalne ke liye krur kaanon banaya ja raha hai (A cruel law has been enforced to crush the rights of people in Rajasthan),” he said.
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