Mother' Fights for Son's Last Rites: Supreme Court to Review Fundamental Rights
A crucial question has reached India's top court: Is performing final religious rites for a deceased family member a basic human right? This important debate began after a mother approached the Supreme Court, explaining that her son, a carpenter who passed away in Sharjah, UAE, was cremated by local officials. She and her family were tragically denied the opportunity to carry out his traditional last rites.
The Heartbreaking Plea of a Mother
Savitri, a 57-year-old woman from Basti, Uttar Pradesh, shared her heart-wrenching story. Her 29-year-old son, Pankaj, had been working for World Star Company in Sharjah for two years. He suddenly stopped communicating with his family on December 2nd. Deeply worried, Savitri filed a police report in Basti on January 10th.
Later, on February 4th, the Indian Embassy in Dubai contacted her with tragic news: Pankaj had died, and to her dismay, he was already cremated in the UAE. This news left the family devastated, as they were unable to say their final goodbyes or perform the necessary religious ceremonies.
Legal Battle for Cremation Rights
Representing Savitri in the Supreme Court, senior advocate Sanjay M Nuli presented her case to a bench of Justices Vikram Nath and Sandeep Mehta. He argued that as a mother, Savitri had a fundamental right to ensure her son received a respectful cremation according to their customs and religious beliefs.
Nuli stressed the profound significance of the ritual:
- Cremation, known as 'Antim Sanskar', is a vital religious ceremony.
- It is an important tradition that should not be compromised.
- Denying a mother this right is a severe breach of her fundamental and human rights.
He further highlighted that these rights are protected by the Indian Constitution:
Constitutional Articles Cited:
| Article Number | Core Right |
|---|---|
| Article 21 | Protection of Life and Personal Liberty |
| Article 25 | Freedom of Conscience and Free Profession, Practice, and Propagation of Religion |
These articles, Nuli argued, guarantee citizens the right to a dignified life, which extends to a dignified death and the performance of religious ceremonies by their families.
Supreme Court's Next Steps
Following the powerful arguments, the Supreme Court bench has taken the matter seriously. They have issued a formal notice to the Union government, requesting their official response to this sensitive issue by March 16th.
This latest news highlights a significant legal and human rights challenge concerning Indian citizens who pass away abroad, bringing the discussion of cultural and religious rights in foreign lands to the forefront of national legal discourse.
