Buried Body Can't Be Exhumed Based On Sentiments Alone: Madras High Court Rejects Widow's Plea

The Madras High Court recently rejected a woman's plea to exhume her deceased husband's body from the church cemetery. Justice GR Swaminathan noted that the wife had not shown any compelling reasons to exhume the body and as such the exhumation could not be ordered on mere sentiments. “The petitioner has not shown the existence of any legal right. What is projected is a mere sentiment. Unless a convincing reason is made out, exhumation cannot be permitted. The petitioner has failed to meet the said requirement. I, therefore, decline to grant relief,” the court observed. The wife had sought exhumation of the body to rebury the same in her own land. The church, on the other hand, contended that as per the Canon Law, once a body was buried in the cemetery, it would not be allowed to be exhumed. The court highlighted that the right to decent burial was encompassed within the right to life guaranteed under Article 21 of the Constitution. However, the court also highlighted that the disinterment or exhumation of the bodily remains stands on a different footing. The court also considered the finding of the Supreme Court in Mohammad Latief Magrey Vs. State, where the Apex court had held that once a body is buried, its exhumation is not a right and any disturbance of the buried body should be subject to the control and direction of the court. The court noted that Section 196(4) of the BNSS gives power to the jurisdictional magistrate to cause disinterment/exhumation is he considers it expedient to discover the cause of the death. The court thus noted that the law permitted exhumation for forensic purpose. The court further noted that even as per Section 173 (2) of the Tamil Nadu Urban Local Bodies Act, 1998, a buried body can be exhumed with the sanction of the Magistrate. The court thus noted that the law was heavily against disturbing a body once buried. The court added that exhumation could be permitted only under two circumstances, to ascertain the cause of death or when the burial did not take place in a proper manner. In the present case, the court noted that the wife had not shown sufficient cause for exhumation of the body. The court also noted that after exhumation, the wife intended to rebury the body of her husband in her own patta land, which was against the law as the patta land was not a registered or licensed place for burial. Thus, noting that the request would be contrary to law, the court dismissed the plea. Counsel for Petitioner: Mr.K.N.Thambi Counsel for Respondents: Mr.D.Gandhiraj, Spl. Govt. Pleader, Mr.A.Albert James, Govt. Advocate (Crl. Side), Mr.N.Dilipkumar, Standing Counsel Case Title: Elizabeth F. Santhi v. The Government of Tamil Nadu and Others Citation: 2026 LiveLaw (Mad) 13 Case No: W.P(MD)No.21560 of 2024Click Here To Read/Download The Judgment

Buried Body Can't Be Exhumed Based On Sentiments Alone: Madras High Court Rejects Widow's Plea

Upasana Sajeev

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