Pointing out various anomalies in guidelines related to disposal of dead bodies of persons either tested positive or suspects of for COVID-19, the Karnataka High Court on Monday directed the State government to re-examine the guidelines and protocol for disposal of bodies to modify them keeping in mind the rights of the dead and their family members.
A special Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar passed the order while hearing PIL petitions on issues related to COVID-19 health management.
The Bench said that the government and its authorities must come out, with emphasis, on dignity of the dead person and the manner in which bodies are cremated or buried in a dignified way giving due respect to their religious and traditional practices.
While referring to the interim guidance on Infection Prevention and Control for the safe management of a dead body in the context of COVID-19 of the World Health Organisation, the Bench noted that WHO’s guidance states that “the dignity of the dead, their cultural and religious traditions, and their families should be respected and protected throughout.”
However, as per the present protocol, the Bench pointed out that women from a community, which restricts them from going to crematorium or burial ground, would not be able to see the spouse or close relative as the bodies are not permitted to be taken to their houses.
Also, the guideline does not deal with the specification of keeping unclaimed bodies of COVID-19 patients for certain periods, the Bench noted.
On death certificates, the Bench expressed concern over the protocol that states that “exact cause of natural death could not be concluded due to COVID-19 pandemic” even if a patient’s report turns out to be negative for COVID-19 after the death.
The present protocol requires re-examination, the Bench said, as it states that the death certificate of a person, who tested positive for COVID-19, dies of a natural death, would still carry a remark that the person tested positive for COVID-19 along with other comorbidities. The question is mentioning of COVID-19 positive status in such cases where cause of death is not COVID-19 comes in the way of dignity of a dead person, the Bench pointed out.
‘No panel to inspect dedicated hospitals’
The Bench expressed serious displeasure over the conduct of the State government for not setting up expert committees to inspect and supervise dedicated COVID-19 private and government hospitals even more than month after the Supreme Court’s directions in this regard.
Also, the Bench pointed out that the government, despite the High Court’s direction, had not yet compelled private hospitals to submit availability of COVID-19 beds at a given time everyday. The government had also not submitted documents to show any machinery to ensure that private hospitals don’t deny admissions to patients. The Bench said that the government must monitor the services provided by the private hospitals.
