Respecting the dead - Denying is a disgrace to their souls

Birendra Laishram *

I recently read an article in the Manipuri edition of The Sangai Express by Dr GS Moirangthem entitled “Life after human’s death” who eloquently discussed the souls that depart from their bodies.

He referenced the Garuda Purana to explain that souls linger over their bodies until all religious rites are performed; if these rituals are neglected, the souls remain Earth-Bound and cannot transition to the Astral Bound.

Dr Moirangthem outlined several reasons for souls being trapped, such as unnatural death, murder, lack of rites, sudden death with unfinished business, conceal by fumbling, accidents, and natural disasters. He highlighted the current situation in Manipur, noting that bodies not retrieved by Joint Action Committees demanding justice sorrowfully hover over their remains.

The writer reflected on the grief experienced by families and the spirits of the deceased, illustrating how lingering souls witness their loved ones’ suffering. This emphasizes the profound connection between the living and the dead, making last rites both sacred and significant.

In my opinion, the society must recognize these rites as essential pathways for souls to find peace, rather than mere cultural traditions. There is an urgency to fulfill these responsibilities, especially in cases of violence or calamities. Tragically, communities often only realize the importance of honoring these souls after experiencing loss.

A society needs to ensure that those whose lives were cut short by crime or accident receive the respect they deserve. Performing last rites offers closure for the grieving, intertwining mourning and remembrance, and fostering healing for individuals and the community.

In India, there is no specific law protecting the rights of the dead, but Courts have consistently upheld their dignity. The Supreme Court, in landmark cases recognized that the right to life, fair treatment, and dignity extends to the deceased, derived from Article 21 of the Constitution. Acknowledging posthumous legal rights grants the dead significant moral standing within our legal system.

The law aims to honor a deceased’s wishes and protect their interests. In both natural and unnatural deaths, the State has a duty to safeguard the rights of the deceased and prevent crimes against their bodies.

States and Union Territories must create Standard Operating Procedures (SOPs) in consultation with stakeholders, including hospital administrations, police, forensic personnel, district administrations, municipal corporations, civil society groups, and citizens, to ensure the dignity and rights of the dead are upheld.

Human dignity is central to all international human rights laws. Several international covenants address the dignity of the dead, including Article 16 of the Geneva Convention (1949), which mandates protection against ill treatment of the deceased, and the 1990 Cairo Declaration on Human Rights in Islam, which prohibits mutilation of dead bodies.

The UN Commission on Human Rights emphasized the need for dignified handling of human remains, including proper management and respect for families’ needs. The UN’s Inter Agency Standing Committee’s Operational Guidelines recommend measures to facilitate the return of remains to next of kin and allow for future identification and reburial.

International humanitarian law, specifically Article 130(1) of the Fourth Geneva Convention, mandates that States respect and properly maintain graves. Article 21 of the Indian Constitution guarantees the Right to Life, which encompasses the Right to Dignity, extended to deceased persons through Supreme Court and High Court various judgments.

The Supreme Court has emphasized the importance of maintaining dignity for the dead, including ensuring decent cremation according to religious customs for homeless deceased individuals. The Allahabad High Court affirmed that the right to life includes treating a deceased body with the respect it would have received if the person were alive. The State must treat corpses with dignity and should only conduct post-mortems when necessary.

Any physical exploitation of a dead body violates the deceased’s basic rights. The deceased are entitled to a timely and respectful burial or cremation, justice in cases of death due to crime, and respect for any wills left behind. They also have the right to privacy, controlling the dissemination of personal information.

Citizens should uphold the dignity of the deceased and not exploit dead bodies for their own personal gain or agendas. It is morally unacceptable for individuals to use the remains of the deceased as leverage or bait to further their demands or pursuits.

Hospitals have a significant responsibility in this matter; they should not withhold the bodies of the deceased based on issues of unpaid medical bills. Instead, it is imperative that they handle such sensitive situations with compassion and return the bodies to the grieving families or to civic organizations in a respectful manner.

There have been numerous reported cases of missing individuals that have been unresolved for many months, particularly in light of the ongoing violence in various districts of Manipur. Alarmingly, even those who are engaged for construction works within the facilities of Indian armed forces have gone missing, although dedicated search operations are being conducted to locate them.

In other troubling instances, individuals suspected of being militants and believed to be involved in the abduction of young children, both boys and girls, have been apprehended, yet the whereabouts of the missing individuals remain completely untraceable to this day.

It is the duty of the Manipur government, alongside the central forces stationed in the region to assist with the administration and restore order, to earnestly conduct thorough searches for these missing persons.

This effort is crucial not only for the sake of justice but also to ensure that the families of the deceased can perform the necessary religious rites that honour their loved ones, allowing the souls to rest in peace with the dignity they deserve.

The Chief Justice of the highest Apex court of India has openly stated that there is a serious lack of law and order in the state of Manipur. While India is widely recognized as a powerful and vibrant democratic nation, Manipur remains a relatively small state within its borders.

Despite this, the ongoing human rights violations that have persisted for the past 20 months indicate that the violence occurring in Manipur appears to be deliberately downplayed or ignored by the broader Indian government.

This troubling situation suggests a troubling implication: it is as if the state of Manipur is being treated as though it is not an integral part of the country, leading to a grave concern regarding the rights and safety of its citizens.

The apparent negligence toward these ongoing issues raises significant questions about the commitment to upholding basic human rights and maintaining order, further revealing a concerning disparity in how different regions of India are treated under the rule of law.