MOHAMMED LATIF MAGREY V. UNION TERRITORY OF JAMMU AND KASHMIR, (SC) 756

MOHAMMED LATIF MAGREY V. UNION TERRITORY OF JAMMU AND KASHMIR, (SC) 756

Legal Issue: The absence of appropriate legislation on exhumation

The court held that -

The SC held that, “Once buried, a body should not be disturbed”. The Union Government should consider enacting an appropriate legislation on exhumation. The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living man but also to his body after his death. Family members also have a right to perform the last rites in accordance with the religious traditions.