CHENNAI: The Madras high court on Wednesday directed the
Chennai Corporation to exhume the body of
Dr Simon Hercules, who died of
Covid-19 in April 2020, from a burial ground at Vellangadu and rebury it in a cemetery at Kilpauk as requested by his family.
Justice
Abdul Quddhose passed the order while allowing a plea moved by Dr Simon's widow Anandhi Simon. The court has made it clear that everyone present during the entire process should show respect to the deceased person at all times.
Anandhi's counsel Elambharathi submitted that the Covid-19 guidelines issued by the central government and the WHO have made it clear that infection cannot be contracted from a dead body.
Concurring with the same, the court said, "This court is of the considered view that by total non-application of mind to the law on the subject of exhumation, the corporation has passed the order dated April 24, 2020 rejecting petitioner's request."
Since India or many other countries do not have a legislation on exhumation of dead bodies, the judge after some research decided to rely on a statute of Ireland - Local Government (Sanitary Services) Act - to fill in the 'legislative vacuum' on the issue.
"This court after perusing and examining the safeguards adopted in Ireland for the purpose of exhumation is of the considered view that till such time, a legislation on exhumation comes in place in India, the same safeguards shall be followed while exhuming Dr Simon's body," Justice Abdul Quddhose said.
The court then directed the commissioner of the Chennai corporation to nominate a health officer to supervise the exhumation.