The Calcutta High Court on Thursday directed police to allow the adopted son of a deceased woman to perform her last rites immediately, resolving a month-long deadlock that left her body in a hospital mortuary following family disputes over cremation rights.
Justice Bhattacharyya issued the directive while hearing a writ petition filed by Arka Mondal, whose mother, Krishna Ghosh, passed away on June 23. Expressing concern over the delay, the court noted that it was critical to facilitate the funeral after the body had remained uncremated for 30 days at the state-run R G Kar Medical College and Hospital due to conflicting claims among relatives.
Legal Rights Unaffected by Funeral Permission
The court instructed law enforcement authorities to facilitate the cremation without deciding any underlying legal rights or disputes between the petitioner and the extended family. Justice Bhattacharyya clarified that conducting the funeral would not confer any additional legal privileges or claims upon Mondal unless determined by an appropriate judicial forum.
Dispute Over Last Rites
Legal counsel representing Mondal informed the court that the deceased had executed a will in his favor during her lifetime and argued that as her adopted son, he possessed the right to conduct her funeral. However, police authorities had not permitted him to proceed.
State government counsel confirmed the standoff, explaining that relatives from the deceased woman’s paternal side had raised competing claims regarding the right to perform the cremation, resulting in the administrative impasse.
