COVID 19 | Cal HC | Burial of COVID 19 patients dead body: State directed to take steps strictly in consonance with guidelines issued by authorities

Calcutta High Court: Tapabrata Chakraborty, J.  directed the State to take necessary steps to minimise threat perception among public and asked the State

Calcutta High Court: Tapabrata Chakraborty, J.  directed the State to take necessary steps to minimise threat perception among public and asked the State to submit a report regarding the steps taken.

Petitioner through the present petition submitted that adjacent to the petitioner’s residence there is a graveyard and that on 03-04-2020 the local administration allowed the dead body of a person who expired due to the virus attack, to be buried though no death certificate was produced.

Further it was submitted that the said action is derogatory to the guidelines issued by the World Health Organisation pertaining to “Infection Prevention and Control for the Safe Management of a Dead Body in the Context of COVID-19”.

Court was also informed that, Howrah District was recently declared as a “hotspot” area.

It was also alleged that, State authorities have not taken appropriate steps as per the directives contained in the various orders as annexed to the writ petition. 

Thus such inaction warrants immediate interference of this Court.

Bench stated that,

In the present unprecedented situation which has occasioned due to the COVID-19 virus, the authorities and the people at large are required to work hand in hand to avert any further disaster.

Therefore, Court in order to contain the virus and  minimize the anxiety, agony and threat perception directed the respondents to take all necessary steps strictly in consonance with guidelines issued by the authorities.

Respondent shall submit a report in the form of an affidavit apprising the Court about the developments and steps taken.

Matter to be listed on 08-6-2020. [Samarajit Roychowdhury v. State of W.B.,  2020 SCC OnLine Cal 737, decided on 16-04-2020]

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