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Rules and regulations regarding Exhumation of a body
24-Nov-2023 (In Civil Law)
Hi, I am trying to read about how an exhuming of a body without permission is punishable in India. If there are a foreign national couple who reside in India and the husband dies and is burried in their family estate. If the wife later exhumes his body, what is the applicable punishment for her considering she is a british national residing in India. Any case law that I can refer to ? Thanks.
Your local authority (which has responsibility for the maintenance and regulation of burial grounds in your area) issues special licences that authorise exhumations but only where applications for the exhumation of interred remains comply with very strict guidelines (including permission granted by the family).
At all times, exhumations can only take place in the presence of an Environmental Health Officer from your local authority and the exhumation is supervised to ensure privacy and to protect public health.
The legislation governing exhumations in Ireland is Section 46 of the Local Government (Sanitary Services) Act 1948 as amended by Section 4(2) and the Second Schedule of the Local Government Act, 1994.
Before an exhumation licence is granted, consideration is given to the length of time the body has been interred. As a matter of course, the exhumation of recently deceased people is not permitted. Following exhumation, the remains of the deceased person must be reburied or cremated within 48 hours of exhumation.
An exhumation licence will not be granted where:
The consent of the next of kin has not been given
The burial plot cannot be identified
The remains lie unidentified in a common plot (e.g. the burial plot of a religious order)
Due respect to the deceased cannot be guaranteed
The remains to be exhumed are located below a body that is not to be exhumed
Public health and decency cannot be protected
Graveyard ground conditions are not conducive to an exhumation
Conditions attached to the exhumation licence cannot be complied with.
At all times, exhumations can only take place in the presence of an Environmental Health Officer from your local authority and the exhumation is supervised to ensure privacy and to protect public health.
The legislation governing exhumations in Ireland is Section 46 of the Local Government (Sanitary Services) Act 1948 as amended by Section 4(2) and the Second Schedule of the Local Government Act, 1994.
Before an exhumation licence is granted, consideration is given to the length of time the body has been interred. As a matter of course, the exhumation of recently deceased people is not permitted. Following exhumation, the remains of the deceased person must be reburied or cremated within 48 hours of exhumation.
An exhumation licence will not be granted where:
The consent of the next of kin has not been given
The burial plot cannot be identified
The remains lie unidentified in a common plot (e.g. the burial plot of a religious order)
Due respect to the deceased cannot be guaranteed
The remains to be exhumed are located below a body that is not to be exhumed
Public health and decency cannot be protected
Graveyard ground conditions are not conducive to an exhumation
Conditions attached to the exhumation licence cannot be complied with.
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Adv. Siddhant Sharma
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