Jamiat-Ulama-i-Hindย has submitted that; โthe burial of dead bodies is essential to the religion of Islam as well as in other religions such as Christianity. Such a right forms part of the right to practice oneโs religion under Article 25 of the Constitution of Indiaโ. Additionally, the applicant submitted that according to the guidelines issued by theย ย Ministry of Health and Family Welfare; on March 15, 2020, the main driver of transmission of COVID-19 is through droplets; that there is unlikely to be an increased risk of COVID infection from a dead body to health workers or family members. Provided, they follow standard precautions while handling such bodies.
Moreover, according to the World Health Organization guidelines; of March 24, 2020, dealing with the issue of burial of dead bodies of COVID 19 patients; it has been clarified that except in cases of haemorrhagic fevers and cholera, dead bodies are generally not infectious. The Applicant also draws international comparisons with USA, UK, Italy, Canada & Middle Eastern countries stating that; these countries have not highlighted such “increased risk of spread of COVID-19 virus.”