JEBIN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Though the formal forensic scheme applicable to our Country stipulates little for protecting the rights of the dead, it is ingrained into the collective ethos; and which has found expression in declarations of Courts, the locus classicus being Parmanand Katara v. Union of India & Ors. [1989 (4) SCC 286].

(2.) This Court certainly has no doubt that the constitutionally protected and guaranteed right of every individual to dignity and fair treatment, especially under Article 21 of the Constitution of India, cannot be construed to cease with death; but continues much beyond, at least until such time as mortal remains are finally dealt with, commanding respect as it requires.

(3.) As said above, through judicial interventions, these rights have obtained restatements over the time; and it has now become settled on account of declarations through a catena of precedents, and hence virtually having the force of law.