River Ganges is the most sacred river in Hinduism and also called a lifeline of India, Ganga is regarded as a goddess because the river provides a lifeline for millions of Indians who live along its path and rely on it for their daily necessities. Hindus believe that bathing in the holy Ganga may help in the purification of all sins. People also think that simply touching the river can help them achieve moksha, hence the ashes of the deceased are immersed into the sacred river. Recently 100 unidentified bodies were found floating in the Ganga which created panic in Bihar and Uttar Pradesh. More corpses were also found buried in the sand. The discovery has created concern among residents in the surrounding areas. The first thought that came to mind when I saw sights of victims floating in rivers and buried in the sands nearby river banks was, “How can people be so cruel and insensitive?” How can individuals bury their loved ones’ bodies in the sand or immerse them in the river? Is it possible that people have lost their minds? In Hinduism, bodies are usually burned after religious rites in the hope that the soul may attain salvation.
Recently the petition, filed by lawyers Pradeep Kumar Yadav and Vishal Thakre, claims that the discovery of these decomposed bodies raises serious concerns because the river serves as a source of water for many areas, and if the bodies were indeed infected with COVID-19, the disease could spread to villages in both states.
The practice of dumping dead people in our sacred river Ganga is clearly against the guidelines of the Ministry of Jal Shakti’s Department of Water Resources, River Development, and Ganga Rejuvenation’s National Mission for Clean Ganga initiative, according to that the River Ganga (Rejuvenation, Protection, and Management) Authorities Order, 2016 mandated that “no person shall do any act or carry on any project, process, or activity which, whether or not mentioned in this Order, has the effect of causing pollution in the River Ganga.
The World Health Organization, the National Disaster Management Authority (NDMA), the Indian government, and various state governments have all issued guidelines emphasizing the importance of following COVID-19 protocols while upholding the dignity of the dead, including proper burial according to religious customs and practices. In the midst of the epidemic, the Supreme Court and several high courts have emphasized the significance of providing appropriate burials for those who have died. Despite these guidelines, there have been a series of worrying media reports regarding the neglect or treatment of COVID-19 infected deceased corpses, undermining their dignity. As a result, NHRC ordered 11 significant recommendations, the commission’s first major recommendation was to enact explicit law to safeguard the rights of the deceased, derives from its understanding that Article 21 of the constitution’s right to life, fair treatment, and dignity extends not just to living people but also their dead bodies. The commission issued the advice for respecting the dignity and preserving the rights of the deceased in light of the huge number of deaths during the second wave of the COVID-19 pandemic.
In the landmark ruling of Parmanand Katara v Union of India, it was established that Article 21’s rights to life, fair treatment, and dignity extend not just to living people but also to their deceased bodies. In the case of Vineet Ruia Vs the Principal Secretary, the Calcutta high court held that the right to dignity and fair treatment guaranteed by Article 21 of the constitution applies not only to living people but also to their mortal remains after death. The high court concluded that the disposal of a human body, whether or not the individual dies of COVID-19, should be done with respect and dignity, whether by cremation or burial. In the case of R. Sameer Ahmed Vs State of Telangana & Ors., the Telangana high court stated that “human bodies are not being handled with the dignity they deserve.” Due to a lack of room and proper facilities and staff, the dead remains are piling up waiting to be cremated.” Further, the state was asked to provide information on the number of cremations and their capacity.
In a 2005 resolution, the United Nations Commission on Human Rights emphasized the need of respectful handling of human remains, including proper management and disposal, as well as respect for the needs of the residents.
According to international humanitarian law Article 130(1) of the fourth Geneva Convention, States must ensure that “graves are respected, properly maintained, and identified in such a way that they may always be recognized”.
RECOMMENDATIONS
Even in the midst of the COVID-19 pandemic, religious leaders may assist grieving families in ensuring that their departed loved ones get dignified, proper funerals and burial ceremonies. Knowing how to carefully design and implement funeral rituals and worship services may safeguard and console mourners while also showing respect for those who died. It is also necessary that states or union territories create an SOP in consultation with all parties to ensure the dignity of the deceased and preserve their rights. Hospital administration, police, forensic medical staff, district administration, Municipal Corporation, civil society groups, and residents of the country are among the stakeholders. The states have not taken any effective steps to purify the water that has become contaminated as a result of the decomposed bodies floating in it, and both states have failed to fulfill their responsibility of providing clean water to their citizens, thus violating Article 21 of the Indian Constitution. “The beauty of a river is best measured by the cleanliness of its water”
The state’s act is immoral since they failed to provide facilities for proper burial/cremation of deceased corpses and failed to ensure that the holy river Ganga should not be contaminated by such inhumane and immoral acts committed by people or by the states themselves.
The commission should deal with the responsibilities of all parties in safeguarding the dignity of the deceased and defending their rights in different areas. Last rites of unidentified remains should be performed with honor and dignity, taking into account their faith.