"Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On Exhumation
https://www.livelaw.in/top-stories/supreme-court-consider-legislation-exhumation-dead-body-209049
https://www.livelaw.in/top-stories/supreme-court-consider-legislation-exhumation-dead-body-209049
www.livelaw.in
"Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On Exhumation
The Supreme Court has suggested that the Union Government should consider enacting an appropriate legislation on exhumation.The right to dignity and fair treatment under Article 21 of the...
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"Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On Exhumation https://www.livelaw.in/top-stories/supreme-court-consider-legislation-exhumation-dead-body-209049
Exhumation under Section 176(3) CrPC
Even a dead person has the right of treatment to his body with respect and dignity
Disinterment is not a matter of right
Read More about legality of Exhumation- https://legaldesire.com/read-to-know-all-about-exhumation/#:~:text=In%20India%2C%20no%20time%20limit,in%20the%20interest%20of%20Justice
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The lawful authority for exhumation is contained in Section 176(3), CrPC, 1973. This activity is permitted for the purpose of crime detection and other such pressing situations. Whenever there is a suspicion of foul play like homicide, criminal abortion, disputed cause of death, poisoning etc. exhumation may be carried out for the purpose of postmortem examination.
Even a dead person has the right of treatment to his body with respect and dignity
It goes without saying that the right to live a dignified life as enshrined under Article 21 of the Constitution is not only available to a living person but also to the "dead". Even a dead person has the right of treatment to his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture and religion which he professed. These rights are not only for the deceased but, his family members also have a right to perform the last rites in accordance with the religious traditions.
Disinterment is not a matter of right
After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The disturbance or removal of an interred body is subject to the control and direction of the court. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed. A court will not ordinarily order or permit a body to be disinterred unless there is a strong showing of necessity that disinterment is within the interests of justice. Each case is individually decided, based on its own particular facts and circumstances.
Read More about legality of Exhumation- https://legaldesire.com/read-to-know-all-about-exhumation/#:~:text=In%20India%2C%20no%20time%20limit,in%20the%20interest%20of%20Justice
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Is New Bail Law Under Preparation? Supreme Court Asks Centre
https://www.livelaw.in/top-stories/is-new-bail-law-under-preparation-supreme-court-asks-centre-250251
https://www.livelaw.in/top-stories/is-new-bail-law-under-preparation-supreme-court-asks-centre-250251
www.livelaw.in
Is New Bail Law Under Preparation? Supreme Court Asks Centre
The Supreme Court has asked the Union of India to inform whether it is contemplating to introduce a new Bail Law as per the recommendation made by the Court in its 2022 judgment in Satender Kumar...
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Is New Bail Law Under Preparation? Supreme Court Asks Centre https://www.livelaw.in/top-stories/is-new-bail-law-under-preparation-supreme-court-asks-centre-250251
The Supreme Court has asked the Union of India to inform whether it is contemplating to introduce a new Bail Law as per the recommendation made by the Court in its 2022 judgment in Satender Kumar Antil v. Central Bureau of Investigation.
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2025 mein new Bail law ajayega, agar aisa hua to syllabus...π
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πPlace of worship an unsettling dispute
β The Supreme Court's reference to the Places of Worship (Special Provisions) Act, 1991, in the Babri Masjid case highlighted the Act's importance in preserving the religious character of places of worship as they existed on 15 August 1947, reinforcing secular values and constitutional commitment to non-retrogression.
β Despite the Act, there has been a surge in petitions challenging the religious character of places of worship, notably the Gyanvapi Masjid and the Shahi Idgah Masjid, reflecting efforts to overturn historical religious sites.
β The Courts' responses to petitions challenging the Places of Worship Act and remarks by the Chief Justice of India have sparked concerns about judicial silence and the potential breach of trust, raising questions about the Act's future and its role in maintaining secularism and public peace.
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β The Supreme Court's reference to the Places of Worship (Special Provisions) Act, 1991, in the Babri Masjid case highlighted the Act's importance in preserving the religious character of places of worship as they existed on 15 August 1947, reinforcing secular values and constitutional commitment to non-retrogression.
β Despite the Act, there has been a surge in petitions challenging the religious character of places of worship, notably the Gyanvapi Masjid and the Shahi Idgah Masjid, reflecting efforts to overturn historical religious sites.
β The Courts' responses to petitions challenging the Places of Worship Act and remarks by the Chief Justice of India have sparked concerns about judicial silence and the potential breach of trust, raising questions about the Act's future and its role in maintaining secularism and public peace.
@CurrentLegalGK
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3 criminal laws discussions by eminent jurists and lawyers.
https://www.youtube.com/live/D8Kz2QAsc2o?feature=shared
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LET'S WATCH IT LIVE3 criminal laws discussions by eminent jurists and lawyers.
https://www.youtube.com/live/D8Kz2QAsc2o?feature=shared
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DISCUSSION: DECODING THE NEW CRIMINAL LAWS
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Manipur High Court Deletes Earlier Direction To Consider Inclusion Of Meiteis In ST List
https://www.livelaw.in/top-stories/manipur-high-court-withdrawn-direction-meiteis-inclusion-st-list-250174
https://www.livelaw.in/top-stories/manipur-high-court-withdrawn-direction-meiteis-inclusion-st-list-250174
www.livelaw.in
Manipur High Court Deletes Earlier Direction To Consider Inclusion Of Meiteis In ST List
In a significant development, the Manipur High Court on Wednesday (February 21) modified its 2023 order in part, whereby a contentious direction was issued to the State government for considering...
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