Madras HC directs State to conduct last rites for Sivaganga custodial torture victim Akash Delison

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A view of Madurai Bench of Madras High Court. File | Photo Credit: The Hindu

Taking into account the fact that the family of Akash Delison, 26, who died following alleged custodial torture by the police, had refused to receive his body from the mortuary of the Government Rajaji Hospital, the Madurai Bench of the Madras High Court on Tuesday directed the authorities to take immediate steps for the dignified disposal of his mortal remains.

Justice L. Victoria Gowri said the refusal of the family to receive the body, despite sufficient opportunity and a specific judicial direction, leaves the court with no alternative except to authorise the State authorities to proceed in accordance with law.

The right of a deceased person to receive a decent burial or cremation is not merely a matter of religious observance. It is an extension of human dignity itself. The constitutional values that protect an individual during life continue to operate in respect of the mortal remains after death, the court said.

The court said the family has been repeatedly informed. Adequate opportunity has been granted. A specific direction was issued by the court requiring them to receive the body on Monday. Admittedly, the court direction has not been complied with.

“The continued refusal of the family to receive the body cannot result in indefinite preservation of mortal remains. Such a course would ultimately defeat the very dignity sought to be protected,” the court said.

The post-mortem examination has long since been completed. All necessary medico-legal formalities have been concluded. Samples have been preserved. Investigation is proceeding independently through CB-CID. No useful purpose would therefore be served by continuing to preserve the body indefinitely, the court said.

“A conjoint reading of Section 2(f) of the Tamil Nadu Anatomy Act, 1951, and Rule 8 of the Tamil Nadu Anatomy Rules, 1951, makes it clear that where a body remains unclaimed after completion of legal formalities, the State