Kerala HC steps in to ensure dignified burial for 71-year-old man

HC strikes down Keralam govt guidelines restricting production of arrested persons

Because his relatives could not agree on where he should be laid to rest, kochi: The high court on Wednesday stepped in to ensure a dignified burial for a 71-year-old unmarried Kollam native whose body has been lying in a forensic laboratory in Ajman, UAE, for over a year.

The court had earlier directed the external affairs ministry and the Indian consulate in Dubai to repatriate the body and posted the matter to Nov 26. Invoking Article 21, the court emphasised that the right to dignity extends not only to the living but also to the dead. The court posted the matter to Nov 26.

“If relatives fail, society should step in; if society fails, the state should step in,” the court observed, adding that property disputes must not become a reason to insult a dead body. The court directed that the funeral be conducted at St Andrew’s Church in Sasthamkotta, Kollam, subject to the consent of the church authorities. The petitioner must inform the police in advance of the body’s arrival. The police were directed to ensure law and order during the burial, while the district medical officer was asked to preserve the body. The burial must be completed within four days of the body’s receipt.

However, to prevent further disputes after its arrival, the court recalled the petition on Wednesday and suo motu impleaded local police officers and the Kollam district medical officer.

Justice P V Kunhikrishnan expressed deep anguish over the prolonged delay in burying Robert Francis Sahayan, who died by suicide on March 26, 2025. Even in death, Sahayan remained caught in a family dispute over his final resting place. His niece approached the court seeking repatriation of his body to Kerala for burial in the family tomb, while his nephew wanted the funeral rites to be performed in UAE.

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