Supreme Court Seeks Centre’s Response On Plea Seeking Protocol For Handling Dead Bodies In Disaster And Non-Disaster Situations

In a programme on June 10 2020, the India TV, had shown certain videos depicting the pathetic condition of the patients admitted in the hospital and the deplorable condition of the wards. In the video, the patients were in the wards with the dead bodies also in the same wards. The dead bodies were also seen in the lobby and waiting area, the patients were not supplied with any oxygen or saline drips. Patients were shown crying, without the beds and with no one to attend them.

Consequentially, a bench comprising Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra noted, “Ms Aparna Bhat, counsel and Mr Rajat Nair, counsel are appointed nodal counsel to prepare a common compilation in terms of the circular dated 22 August 2023. The parties shall file their brief notes of written submissions within a period of three weeks which shall be shared with the nodal counsel”.

AOR Aparna Bhat (nodal counsel) appeared for the petitioner, and Solicitor General Tushar Mehta and Senior Advocate Manisha Lavkumar appeared for the respondents.

It is pertinent to note that in the order dated June 12, 2020 a bench comprising Justice Ashok Bhushan, Justice Sanjay Kishan Kaul and Justice M.R. Shah after noting the facts in the matter were of the opinion that it clearly indicated a very sorry state of affairs of the patients of Covid-19 in the Government hospitals in the NCT of Delhi as well as in other States.

The bench in its June 2020 order had also observed that apart from Delhi, there was a grim situation in the other States also, more particularly, in the States of Maharashtra, Tamil Nadu, West Bengal and Gujarat. Therefore, after noting the Union of India’s submissions that there were Covid-19: Guidelines on Dead Body Management issued by the Government of India, Ministry of Health & Family Welfare, Directorate General of Health Services on March 15, 2020, observed, “…we notice that there is no proper adherence to the guidelines nor the hospitals are giving due care and concern to the dead bodies. The patients’ relatives are not even informed for several days of the death of the patient as has been reported in the media. It is also brought to our notice that the details of cremation as to when the dead body will be cremated are not even informed to their close relatives. Due to which the families of the patients are not even able to see the dead bodies or attend their last funeral rites”.

It is also to be noted that through orders dated June 19, 2020 and December 18, 2020, the Apex Court issued several directions to the States and Union Territories ensuring compliance and for taking follow up action.

Accordingly, the bench has now listed the writ petition on a non-miscellaneous day on December 5, 2023.

Cause Title: In Re The Proper Treatment Of Covid 19 Patients And Dignified Handling Of Dead Bodies In The Hospitals Etc.