The
Rajasthan Honour Of Dead Body Act, 2023
[21
of 2023]
[18th
August 2023]
An Act to provide honour to
dead body and uphold its basic human rights in the State of Rajasthan and
matters connected therewith and incidental thereto.
Be it enacted by the
Rajasthan State Legislature in the Seventy-fourth Year of the Republic of
India, as follows:-
CHAPTER 1 Preliminary
Section - 1. Short title, extent and commencement
(1)
This Act may be called the Rajasthan Honour
of Dead Body Act, 2023.
(2)
It extends to the whole of the State of
Rajasthan.
(3)
It shall come into force on and from the date
of their publication in the Official Gazette.
Section - 2. Definitions
(1)
In this Act, unless the context otherwise
requires,-
(a)
"Code" means the Code of Criminal
Procedure, 1973 (Central Act No. 2 of 1974);
(b)
"dead body" means the body of a
dead human being;
(c)
"District Superintendent of Police"
means the police officer in charge of a Police District and includes Deputy
Commissioner of Police in a Metropolitan Area;
(d)
"family members" means any members
who is related to deceased by consanguinity, marriage or through a relationship
in the nature of marriage, adoption or any family member living together as
joint family;
(e)
"last rites" means the disposal of
dead body as per the tradition or custom of the community or religion to which
the deceased belonged;
(f)
"prescribed" means prescribed by
rules made under this Act;
(g)
"Public Authority" means an
authority as may be prescribed by the State Government, from time to time, for
performing the last rites of the dead body;
(h)
"remonstration" means raising
demands or baiting for pursuing any demands to prevent the last rites of a dead
body by way of any protest, disobedience, agitation, provocation etc.;
(i)
"rules" means the rules made under
this Act; and
(j)
"State" means the State of
Rajasthan.
(2)
Words and expressions used herein and not
defined but defined in the Code of Criminal Procedure, 1973 (Central Act No. 2
of 1974), Indian Penal Code, 1860 (Central Act No. 45 of 1860), The Rajasthan
Police Act, 2007 (Act No. 14 of 2007) and The Rajasthan Anatomy Act, 1986 (Act
No. 12 of 1986) shall have the meaning respectively assigned to them in those
Codes/Acts.
CHAPTER 2 Rights
of Dead Person
Section - 3. Right to last rites
Without prejudice of any
other law for the time being in force, every dead person shall have the right
to a decent and timely last rites according to the known and prevailing
tradition or custom of the community or religion, as soon as possible.
CHAPTER 3 Liabilities
of Family Members of the Deceased
Section - 4. Family members to perform last rites of the deceased
The family members of the
deceased to ensure that the last rites are performed as soon as possible,
unless the same is warranted for on account of delay in arrival of the next of
kin, any medico-legal reasons or any other exceptional reason.
Section - 5. Family members to take possession of the dead body
Family member shall take
possession of the dead body when handed over by the police or any other public
authority or hospital administration, after due compliance of legal procedure
provided under this Act or any other law for the time being in force.
Section - 6. Dead body not to be used for remonstration
The Family member not to,
use the dead body for remonstration or give consent to any other person for the
same.
CHAPTER 4 Powers
of Police Officer and Executive Magistrate
Section - 7. Power of Police officer to take possession of the dead body
(1)
Whenever an Officer-in-charge of the Police
Station has reason to believe from personal knowledge or otherwise and taken
down in writing that any dead body is being used or likely to be used by
unlawful assembly or family members for remonstration, he shall take possession
of the dead body and information to this effect, shall be sent immediately to
the concerned Executive Magistrate and District Superintendent of Police.
(2)
After taking possession of the dead body, the
Officer-in-charge of the Police Station shall send the body to the nearest
Hospital authorized by the Government to conduct post mortem examinations; if
so warranted.
Section - 8. Power of Executive Magistrate
(1)
The concerned Executive Magistrate, after
receiving the information under section 7 shall send the notice, in the manner
as may be prescribed, to the family members of the deceased for the last rites
of the dead body.
(2)
Whenever an Executive Magistrate is satisfied
on a report of a police officer that the family members are not willing to
perform the last rites of the dead body, he shall make a conditional order to
the family members to perform the last rites of the dead body within 24 hours:
Provided that the Executive
Magistrate may extend the time if he is satisfied that family members have
sufficient cause for not performing the last rites of the dead body:
Provided further that if the
family members do not perform the last rites of the dead body, the last rites
shall be performed by the Public Authority.
(3)
Whenever the Executive Magistrate has reason
to believe that, an unlawful assembly has gathered or is likely to be gathered
for remonstration, within his jurisdiction, he may use the power prescribed
under section 129 to 132 of the Code, by issuing an order in writing, stating
the grounds of his opinion.
CHAPTER 5 Storage,
Maintenance of Dataset and Disposal of Unclaimed Dead Body
Section - 9. Storage of unclaimed dead bodies
The hospital administration
shall,-
(a)
store the unclaimed dead body under safe
conditions in the deep freezer to prevent any decay or damage to the dead body;
and
(b)
ensure that the bodies are segregated based
on gender and are kept in a dignified manner by avoiding piling up as may be
prescribed.
Section - 10. Videography and Photography of post-mortem examination
In every case of custodial
death or unclaimed dead body, photographs of the deceased shall be taken and
post mortem examination of the deceased shall be video graphed in the manner as
may be prescribed.
Section - 11. Protection of Genetic Data Information
The Genetic Data Information
of unclaimed dead body shall be obtained through DNA profiling and must be
handled carefully and confidentially as the same may be required to trace the
identity of the unclaimed dead bodies.
Section - 12. Data bank
The State Government shall
establish a data bank to store the genetic data and biological samples of the
unclaimed dead bodies in the manner as may be prescribed.
Section - 13. Digitalization of data
The State Government shall
create a web portal to maintain a district wise digital dataset of death cases
for unidentified dead bodies. Such data can be used to tally with the missing
person data as per the cases recorded.
Section - 14. Confidentiality of Information
No unauthorized person shall
disclose any information of clinical records related to the deceased to prevent
stigmatization and social criticism unless required by the law or it is in the
interest of deceased.
Section - 15. Disposal of unclaimed dead body
When a dead body remains
unclaimed, the disposal shall be made in accordance with the provisions of the
Rajasthan Anatomy Act, 1986(Act No.12 of 1986).
CHAPTER 6 Offences
and Punishments
Section - 16. Punishment for not taking possession of dead body
Any family member, who does
not take possession of the dead body as per the provisions of section 5, shall
be punished with imprisonment for a term, which may extend to one year or with
fine or with both.
Section - 17. Punishment for remonstration by family member
Any family member, who uses
the dead body for remonstration or gives consent to any other person for using
the dead body for remonstration, shall be punished with imprisonment for a
term, which may extend to two years and with fine.
Section - 18. Punishment for remonstration by any person, other than family member
For any person, other than
family members, who uses the dead body for remonstration, shall be punished
with imprisonment for a term, which shall not be less than six months, but
which may extend to five years and with fine.
Section - 19. Punishment for Disclosure of Genetic Data Information and Confidentiality of Information
If any authorized person or
persons, discloses any kind of Genetic Data Information and Confidentiality of
Information, shall be punished with imprisonment for a term, which shall not be
less than three years, but which may extend to ten years and with fine.
Section - 20. Punishment for abetment, attempt or conspiracy
Whoever abets, attempts or
conspires to commit an offence under this Act shall be punished in the same
manner as if he had himself committed that offence.
CHAPTER 7 Miscellaneous
Section - 21. Application of the Code of Criminal Procedure, 1973
Save as otherwise provided
in this Act, the provisions of the Code of Criminal Procedure, 1973 (Central
Act No. 2 of 1974) shall apply to the proceeding under this Act.
Section - 22. Act to be in addition to any other law
The provisions of this Act
shall be in addition to, and not in derogation of, any other law for the time
being in force except to the extent the provisions of other laws are
inconsistent with the provisions of this Act.
Section - 23. Protection of persons acting in good faith
No suit, prosecution or
other legal proceedings shall be instituted against any person for anything
which in good faith is done or intended to be done under this Act or rules made
thereunder the provisions of this Act.
Section - 24. Power to make rules
(1)
The State Government may make rules for
carrying out the purpose of this Act.
(2)
All rules made under this Act shall be laid,
as soon as may be after they are so made, before the House of the State
Legislature, while it is in session for a period of fourteen days which may be
comprised in one session or in two successive sessions, and if before the
expiry of the session in which they are so laid, or of the session immediately
following, the House of the State Legislature makes any modifications in any of
such rules, or resolves that any such rule should not be made, such rules shall
thereafter have effectonly in such modified form or be of no effect, as the
case may be, so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done thereunder.
(3)
Every rule made under this Act shall be
published by the State Government in the Official Gazette.
Section - 25. Power to remove difficulties
(1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by order in the Official
Gazette, make such provisions, not inconsistent with this Act, as it deems
necessary or expedient for removing the difficulty:
Provided that no order under
this section shall be made after expiry of three years from the date of the
commencement of this Act.
(2)
Every notification issued under this section
shall, as soon as may be after it is issued, be laid before the House of State
Legislature.