Protests with bodies will invite imprisonment of up to 5 years as Rajasthan passes bill

Protesters who sit on roads with bodies seeking "unjustified demands" for their family members will now face imprisonment of up to five years, with the Rajasthan Assembly on Thursday passing a bill that makes such acts a punishable offence.

The Rajasthan Honour of Dead Body Bill-2023 also seeks to ensure that every dead person has the right to last rites.

Parliamentary Affairs Minister Shanti Dhariwal said the government brought the bill as dead bodies are used to get "unjustified demands" fulfilled and such incidents have been increasing.

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“Till now, there was no such act and there was no provision in regard to any other act,” Dhariwal said during a debate on the bill.

The House passed the Rajasthan Honour of Dead Body Bill-2023 by voice vote after the minister's reply.

“For any person, other than family members, who uses the dead body for remonstration, shall be punished with imprisonment for a term, which shall not be less than six months, but which may extend to five years and with fine,” according to section 18 of the bill.

Similarly, punishment for not taking possession of a body by family members will be imprisonment of up to one year or a fine or both and punishment for family members, who use the body for remonstration or give consent to any other person for using the body for remonstration, will be imprisonment for a term, which may extend to two years, with fine.

Also, if any authorized person discloses any kind of genetic data information and confidentiality of information will be punished with imprisonment for a term from three years to 10 years, along with a fine.

There have been several incidents in the state where the family members did not accept the dead body and raised demands like compensation and a government job to one family member, like in the cases of rape and murder of a woman in Karauli a few days back and gang rape and murder of a woman in Bikaner last month.

Earlier, speaking during the debate on the bill, Leader of Opposition Rajendra Rathore said that in the guise of the bill, the government wants to bring "lathi tantra" in the state because as per the provision, the executive magistrate may use force to disperse people.

According to the bill, the proposed law, apart from providing dignity to dead bodies, will work as a deterrent against the rising trend of remonstrations and also work towards protection of data relating to unclaimed bodies.

“Human dignity with which living human being is expected to be treated, should also be extended to a person, who is dead and the right to accord decent burial or cremation to the dead body of a person, should be taken to be a part of the right to such dignity.

Since the incidents of remonstration for unjustified demands are increasing in the State and in this matter there are no adequate provisions in the existing law, likewise, to keep a record of unclaimed bodies, protection of genetic data information through DNA profiling and digitization and confidentiality of information are need of the hour,” the bill said.

The bill also mentioned that the Supreme Court in writ petition (Civil) 143/2001 Ashray Adhikar Abhiyan V/s Union of India issued directions for decent burial or cremation of the unclaimed dead bodies.