“Traditions and Customs Must be in the National Interest”: The High Court of Jammu and Kashmir Rejected the Application to Hand Over Covid’s Body to the Family

“Larger public interest constantly prevails over private rights and the traditions and customs need to yield to the countrywide interest especially in those exceptional times,” located the Jammu and Kashmir High Court even as refusing to skip instructions for handing of over lifeless our bodies of Covid-19 sufferers to their subsequent of kin.

A Bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul located that the pointers issued via way of means of the Centre on Covid-19 lifeless frame control sufficiently looks after the nonsecular sentiments of the own circle of relatives contributors and do now no longer require any interference.

It stated that the pointers accord permission to view the face of the lifeless frame via way of means of unzipping the bag and to carry out ultimate rites and rituals without touching the frame. In this backdrop the Court held, “The nonsecular sentiments of the own circle of relatives contributors were sufficiently sorted via way of means of the Government. The Ministry of Health and Family Welfare has framed the aforesaid pointers in session with the specialists managing Covid-19 pandemic and, as such, if the pointers do now no longer allow delivering of the lifeless frame mainly to the subsequent of the kins and without a doubt permit them to take part withinside the cremation/ burial and to carry out the ultimate rites this is extra than enough in any other case it’d be hard to incorporate the unfold of the disease.”

The Division Bench additionally refused the prayer for the conversion of Government stadiums into vaccination centers. It added, “The advent of massive vaccination centers might not be ex facie possible as it’d bring about attention of a massive range of human beings at one area which might be very volatile and can be a reason of unfolding of Covid-19.” Lastly, the Bench handled the problem of Oxygen delivery and opined that even though there’s no instant scarcity of liquid scientific oxygen, manufacturing flora can be set up via way of means of the UT management for assembly destiny contingencies.

The Bench expressed wish that the Government might put together itself earlier to stand the 0.33 wave if any, and for that reason will ramp up the vaccination drive. “Temporary preparations so for made might not be dismantled and can be stored in readiness for destiny,” it added

The matter is now indexed for listening to on July 6

-Report by Manaswa Sharma

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