Right to dignity after death? Why Bombay high court ordered exhumation of Muslim man’s body from Hindu cremation ground
Times of India
by TOI LEGAL DESKMarch 3, 2026
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The Bombay High Court has ruled that the right to dignity under Article 21 of the Indian Constitution extends even after death, ensuring constitutional protections do not cease with a person’s demise. In a landmark decision, the Nagpur Bench allowed the exhumation of a Muslim man’s body from a Hindu cremation ground to facilitate the performance of his final rites according to Islamic customs. The court set aside administrative refusals by revenue authorities, who had denied permission for exhumation and directed the petitioner to seek orders from a competent court.
The case originated after Sajid Khan Munawwar Khan went missing in Nagpur while attending the Urs of Tajuddin Baba. His body was later found and buried at Mokshadham Ghat as an unidentified corpse. The petitioner, identified as the deceased’s brother, sought exhumation to perform last rites at Kabristan, Bada Tajbagh, in accordance with Muslim religious practices. The court examined the petitioner’s arguments, which included the established identity of the deceased, completion of post-mortem formalities, and the absence of rival claimants. Relying on constitutional guarantees under Articles 14, 21, and 25, the bench held that denying custody of the mortal remains infringed these fundamental rights.
The court’s analysis emphasized that the right to dignity under Article 21 includes the entitlement to respect for one’s remains after death. It noted that administrative orders refusing exhumation were “cryptic and non-speaking,” with no cogent reasons provided for denial. The bench
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Originally published on Times of India on 3/3/2026