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Fundamental Right to Decent Burial and Right to Reputation of Deceased: A Legal Study during Covid






Prashant Kumar Varun, Research Scholar, Faculty of Law, University of Lucknow


Abstract


Humans are born with several rights. Some rights are human right which is exit from its inception and some are legal rights provided by the legislature. These legal rights are protected by the imposing duties to the person. The question is that what will happen or what are the rights after the death of the person because such legal rights are enacted for the living being. In India there is no specific legislation for the rights of dead person and management of the dead bodies. However the Indian judiciary in many cases acknowledged the right to burial or crimination is a fundamental right under Article 21 of the Indian Constitution. There are various global instruments also which admitted the right to decent burial. In the horrific visual of Covid-19 pandemic, there is serious issue raise regarding the management of dead bodies and right to reputation of dead person. In this article examine national as well as international laws in the context of right of the dead person in the time of Covid-19 pandemic.


Key Words: Right to burial, Right to reputation, Human rights and Covid-19 pandemic

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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