A 56-year-old man with a heart condition has petitioned the Delhi High Court, asking that his family not be allowed to carry out the last rituals after his passing. Instead, the Delhi resident wants his corpse to be given to a man whom he considers his son because he took care of him when he was bedridden. Bansal has also requested protection from his wife, daughter, and son-in-law claiming his body or administering his final rites.
According to the petitioner, he is just attempting to exercise his rights to life, fair treatment, and dignity as well as “rights with respect to the disposal of his deceased body” in his case, which was submitted through attorneys Visheshwar Shrivastav and Manoj Kumar Gautam. ” The wife and daughter of Respondents No. 1 and 2, who were extremely cruel and abusive to the Petitioner, caused him great sorrow. It is not known when he would pass away, but he does not want his wife, daughter, or son-in-law to make a claim on his dead body in accordance with the Government of the National Capital Territory of Delhi’s Standard Operating Procedure, which is against the petitioner’s rights.
As per the court’s order Bansal’s body will be cremated, on which the petition claims that clause 7 of the SOP is ultra vires his rights and therefore, Bansal has a right to select the person who would administer his last rites. “The Petitioner humbly stated that by filling the current Petition, he is exercising his common law right with respect to disposal of his dead body after his death as well as his right to life, fair treatment, and dignity as derived under Article 21 of the Constitution of India. These rights are his unalienable rights, as has been held by a catena of judgments passed by the Hon’ble Apex Court and the Hon’ble Delhi High Court.
