Constitution of India, 1950
Article 21—Treatment of dead body with dignity—A deceased person had right over the body and the mortal remains had to be dealt with appropriate dignity.
[Paras 2 & 16]
Article 226—Writ—Petitioner seeking release of his live-in partner’s dead body from a private hospital—Specific contention that petitioner and deceased were living together as partners and both of them belong to LGBTQUIA+ community—Though there is no confirmed evidence to establish these facts, the circumstances involved and scenario presented, indicate, at least prima facie, that there is some truth in what the petitioner asserts—Since the family of deceased are not in agreement of his mortal remains being handed over to the petitioner but they have no objection if the petitioner take parts in the last rights of the deceased—Petitioner permitted to attend last rights of deceased.
[Paras 12 to 18]