Burning A Dead Body Inside Someone’s Residence Without Proper Rites Is An Act Of Desecration: Rajasthan HC
The Rajasthan High Court has denied bail to two individuals accused of violently trespassing into a complainant's home with a group of 40-50 armed individuals. The group had allegedly vandalized the property and burned the body of a deceased girl inside the house.
A Bench of Justice Rajendra Prakash Soni said, “Burning a dead body in the complainant's residence without performing the proper rites and using the body in such a criminal manner is not only highly disrespectful but was also an act of desecration. The complainant was coerced into following a tribal or customary practice, such as "Motana," which involves compensating or appeasing the family of the deceased in cases of accidental death. It is crucial to note that the alleged act was committed to enforce a harmful practice within the tribal community.”
The Court dismissed the defense's argument that both parties belonged to the same tribal community and that their actions were motivated by a social custom known as “Mautana.” This custom is rooted in the belief that the family of a deceased individual may demand compensation from the party they hold responsible for the death. In this case, the complainant’s son was involved in a jeep accident that led to the death of the petitioners' daughter.
Advocate Prem Dayal Bohra appeared for the Petitioners and Advocate Sharwan Singh Rathore appeared for the Respondent.
The petitioner's counsel argued that actions taken were in line with tribal customs, specifically referring to “Mautana” and “Chadhotra.” Under Mautana, it is traditional for the body of the deceased to be displayed in front of the home of the person deemed responsible for a period, awaiting resolution.
However, the Court rejected this defense, asserting that burning a body inside someone’s home without conducting proper rites constitutes a severe disrespect and an act of desecration. The Court added, “Involvement of 40-50 individuals and the blatant act of entering the complainant's home to commit these atrocities demonstrates a profound disregard for the law. Given that the accused were part of a large group, there is a strong likelihood that witnesses, including the complainant, may feel threatened or pressured if the accused are granted bail.”
Consequently, the Court ruled against granting bail to the accused individuals.
Cause Title: Rupa Ram & Anr. v. State of Rajasthan, [2024:RJ-JD:41054]
