‘Dead deserve dignity’: Kerala HC orders burial for man whose body lay in UAE lab for 19 months

The Kerala High Court has ordered a dignified burial in Kollam for a 71-year-old Indian man whose body has remained in a UAE forensic laboratory for nearly 19 months amid a family dispute over his funeral. The court also directed that he should be given a dignified funeral in Kollam within four days of arrival in Kerala.Justice PV Kunhikrishnan, in an order on October 28, directed the police in Kollam to ensure that no law and order issues arise until the burial is completed. The court also directed the District Medical Officer (DMO) to make necessary arrangements to preserve the body until the funeral.Robert Francis Sahayan, died by suicide on March 26, 2025, while in the United Arab Emirates. His mortal remains have since been kept at the forensic laboratory at MSK Sheikh Khalifa Hospital in Ajman.The court passed the order on a petition filed by Mary Victoria, daughter of Robert’s elder sister. She sought the court’s intervention to facilitate the repatriation of his body to Kerala so that his funeral rites could be performed in accordance with religious customs.The dispute arose after another relative, Johnson Philips, Robert's nephew, approached the Indian Consulate in Dubai, claiming to be his closest blood relative and seeking to have the funeral conducted in the UAE itself. With two relatives making conflicting demands about the place of burial, the Indian Consulate sought the assistance of Non-Resident Keralites' Affairs (NORKA) to verify their claims. The disagreement resulted in the body remaining in the UAE.In an earlier interim order on October 22, the court directed the Ministry of External Affairs and the Indian Consulate in Dubai to take immediate steps to repatriate the body to India. It also directed the petitioner to bear the repatriation expenses for the time being and serve as the point of contact.However, noting that the earlier order did not address the question of burial or the possibility of further disputes after the body reached Kerala, the court took up the matter again on October 28 and issued additional directions.Expressing anguish over the prolonged delay, the court observed that the deceased had been waiting for a final resting place because of the disagreement between his relatives."What a sorry state of affairs is this!" the court remarked, pointing out that the body of an Indian citizen had remained in a forensic laboratory in the UAE for one-and-a-half years over a dispute about where he should be buried.The court emphasised that ensuring a dignified burial was a responsibility shared by relatives, society and the state."If relatives fail, society should step in; if society fails, the state should step in," the court said.It further observed that death erases distinctions between the rich and the poor and that every human body deserves respect and dignity."There is no ‘poor man's dead body’ or ‘wealthy man's dead body’. Let us not call it like that. Death has erased those distinctions. The mortal remains of all human beings are similar. A dead body deserves no label, but it deserves respect and dignity," the court observed.The court also held that the right to dignity under Article 21 of the Constitution extends to a person even after death, which held that the right to dignity and fair treatment is available not only to a living person but also to their body after death.The court said it was not necessary to examine the disagreement between the relatives over the place of burial, as that dispute could not be allowed to deny the deceased a dignified funeral."The ultimate aim of the petitioner and the other respondent may be, or may not be, to obtain the deceased's property rights. If their intention is to get that right, let them fight in a competent court. For that purpose, a dead body shall not be insulted like this," the court said.It added that the matter had to be approached not as a contest between the relatives but as the court's responsibility to ensure a lawful and dignified burial.The court clarified that the deceased's nephew could participate in the funeral if he wished, but should not create any problems during the ceremony. To prevent any potential law and order issues, the court suo motu impleaded the Station House Officers of Thekkumbhagam and Sasthamcotta police stations as additional respondents in the case. The court issued five additional directions. The petitioner has been asked to inform the police and the DMO in advance about the date on which the body is expected to arrive from Ajman.The two police officers have been directed to ensure that no law and order problem arises until the burial is completed and that the mortal remains are given a dignified funeral.The petitioner has been permitted to perform the funeral rites in accordance with religious customs, with the burial to take place at St. Andrew's Church, Sasthamcotta, West Kallada, Kollam, subject to the consent of the church authorities.The burial must be completed within four days of the petitioner receiving the body. The DMO has also been directed to make arrangements to preserve the remains until the burial, with the petitioner bearing any expenses incurred for the purpose.