However, it did not allow the disposal of the body as per Hindu rituals but instead permitted his second wife to dispose of his body as per Muslim rites since he had converted to Islam.
In an order passed on February 19, single-judge Justice GR Swaminathan said the freedom guaranteed under Article 25 (right to religion) of the Constitution of India is such that it does not encroach upon a similar freedom of others.
“Under the Constitutional Scheme, every person has a fundamental right not merely to entertain the religious belief of his choice but also to exhibit this belief an ideas in a manner which does not infringe the religious right and personal freedom of others,” the court observed in the order.
The Court further said that the right to participate in the funeral ceremony of the parent or a spouse will fall within the sweep of the right under Article 25. It, therefore, held that the Hindu wife and daughter of the deceased man, being the legally wedded wife and legitimate daughter are entitled to offer their respects in the customary religious manner.
“The authorities concerned are directed to hand over the body of the deceased to the Hindu wife and daughter so that they can perform certain customary religious ceremonies. But this has to be done within the premises of the hospital in the open ground and concluded within 30 minutes,” the court ordered.
Source: Barandbench
