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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
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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πŸ”†Place of worship an unsettling dispute

βœ…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.

βœ…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.

βœ…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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