Table of contentsIntroductionBurial in private propertySections of the Indian Penal Code relating to dead bodiesNecrophiliaConclusionIntroduction Death or mortuary rites is a ceremony or group of ceremonies held in connection with the burial or cremation of a dead person. Throughout history and in every human society, the disposal of the dead has taken on particular importance. Death rites include the set of beliefs and practices used by a culture to remember and respect the dead. A person is any being whom the law considers capable of rights and duties, whether or not he or she is a human being. A person can be natural or artificial. A human being is a natural person. However, the dead are generally not considered people in the eyes of the law, but "things." Personality is said to begin at birth and end at death. This is based on a Latin maxim “Actio personalis moritur cum persona” which means “action dies with the death of a man”. The dead are exempt from duties because no sanction can be pronounced against them and they are therefore not the subject of rights either. However, the law takes into account the wishes of the dead without conferring them any rights. Death affects everyone at one point or another in life. It also triggers certain laws regarding what happens to the body after death. Although death is universal to all people in all cultures, reactions to death and dying vary greatly. India, with more than a billion people, is also home to a multitude of cultural and religious traditions. This diversity of cultural and religious beliefs creates a variety of traditions and rituals. Different cultures have different beliefs regarding the end of life and death. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essay There are various laws in India regarding death and mortuary rites. One of the basic laws is that before carrying out the necessary death rite, it is important to obtain the consent of local authorities. In this research, the researcher has provided a broad view of Hindu and Islamic death rituals. The researcher also explained sections of the Indian Penal Code regarding dead bodies, crimes such as necrophilia and other laws on death and mortuary rites in India. For this research, the research used secondary sources to collect the information. Secondary sources such as e-journals, reputed newspaper articles and various sections of the Indian Penal Code have been referenced for this research paper. Hindu death ritesAntyesti, literally meaning "last sacrifice", refers to death rites performed by people who believe in Hinduism. The Antyesti ritual is a sacred ceremony of the Hindu faith. It is the celebration and recognition of death. It gives peace to the soul and would help it in its journey to the world of ancestors. Antyesti gives the family of the deceased time to pay their respects and give thanks for the life of their loved one. Those of Hindu faith prefer to die at home, surrounded by their family who will watch over them. According to Hindu death rituals, the body remains at home until cremation, which usually takes place within 24 hours of death. Once a person has died, the deceased's mouth and eyes are closed and the deceased's arms are placed at their sides. Then the body is purified in water and wrapped in a clean white cloth. The deceased is placed on the ground with his head facing south, becauseit is believed to be the direction of the dead man. The body is then carried to the cremation ground while prayers are chanted to Yama, invoking his help. Only men go to the cremation site, led by the chief mourner. The head mourner, usually the eldest son, brings the flaming twigs of sacred kusha grass from the Doms (the caste of untouchables who maintain the funeral pyres), the eternal fire to the pyre on which the dead rest. He goes around the pyre in a counterclockwise direction because everything is upside down at the time of death. As the chief mourner walks around the pyre, his sacred thread, which usually hangs from the left shoulder, is reversed to hang on the right, and then he lights the pyre. The dead, from now on, are an offering to Agni, the fire. Once the body is almost completely burned, the chief mourner performs the rite called kapälakriyä (skull rite), smashing the skull with a long bamboo stick, thus freeing the soul from entrapment in the body. After cremation, the mourners walk away without looking back and the ashes are thrown into a river, ideally the Ganges. Thirteen days later, a ceremony takes place at the deceased's home to release the soul for its ascent to heaven. Loved ones gather for a meal of the deceased’s favorite foods. A portion is offered in front of his photo. The duration of mourning extends from 13 to 30 days after the death. However, not all Hindus practice the Antyesti ritual. Although the most common practice among Hindus is to cremate the body, some Hindus bury the corpse. In North India, several Hindu tribes bury the deceased. For example, the Bishnoi tribe of western Rajasthan opposes Hindu funeral rites of cremating the deceased. The Bishnoi tribe buries the dead to avoid wasting wood used for cremation of the body. Islamic Death Rites When a Muslim approaches death, his or her family members and very close friends should be present. They should offer the dying person hope and kindness, and encourage them to say the “shahad,” confirming that there is no God but Allah. Once the person has died, those present should close the eyes and lower jaw of the deceased and cover the body with a clean sheet. They must also make a “dua” (invocation) to Allah so that he forgives the sins of the deceased. The family or other members of the community wash and wrap the body of the deceased with clean, scented water. Then the body is wrapped in a kafan (clean white cloth sheets). According to Islamic law, the body of the deceased must be buried as soon as possible. Burial generally takes place within 24 hours of death to protect the living from any health problems. After washing the body with clean water and covering it with a clean white cloth, the deceased is taken to the al-dafin (cemetery) for burial. Only men accompany the body to the cemetery. A Muslim cemetery, or a section of a cemetery reserved for Muslims, is preferable. The deceased is placed facing Mecca, to his right. Headstones, other markers, flowers and souvenirs are not recommended. If permitted, the deceased will be buried without a coffin. After the funeral and burial, immediate family will gather and receive visitors. It is customary for the community to provide food for the family during the first few days of the mourning period (usually three days). Generally, the mourning period usually lasts 40 days, but depending on how religious the family is, the mourning period can be much shorter. Death rites of convicted criminals There are various non-governmental organizations (NGOs) in India, such as Anatha Pretha Kaingarya Trust. who visit from time to timetime in government hospitals and collect the unclaimed bodies from the morgue, cremate or bury the bodies and undertake the final rites of all major religions viz. , Hinduism, Christianity, Islam, etc. Priests and community members of different religions are invited to the ceremony to pray and perform the required rituals in accordance with the religion of the deceased. In some cases, if the body of the deceased convict is claimed by his family, the family of the deceased undertakes the funeral rites in accordance with their religion or different NGOs come together and organize a common funeral rite. However, in some cases, the State itself organizes the funeral rites of the deceased in accordance with their religion. For example, the death rites of Ajmal Kasab and Guru Afzal were undertaken by the state. Burial on Private Property There are a variety of options available when it comes to burial. Choosing the best place to rest your loved one is an important and vital decision. The practice of being buried on private property is ancient and still very common in various countries. There are a number of questions that bother the person if he wants to bury the body of his loved ones in his garden. In India, burial and funeral practices are governed by the respective personal laws of the religion to which the deceased belonged or was practicing at the time of death. There is no law explicitly prohibiting a person from burying the body of the deceased on their property. However, in the event of an unnatural death, the funeral rite should not be performed without the permission of local law enforcement authorities and the burial should not be clandestine. Before burying the body of the deceased, the body must be taken to a hospital so that a licensed medical professional can certify the death and after obtaining a proper death certificate, the body of the deceased can be brought home. Although it is legal to bury the body of a loved one on private property, to avoid unnecessary legal hassle it is advisable to bury the body in a registered cemetery or memory garden, where the remains will be cared for in perpetuity. .Sections of the Indian Penal Code relating to dead bodies In relation to the body of a dead person, the law seeks to ensure a decent burial for all deceased men, in accordance with the religious beliefs which the man held or professed. There are a few sections of the Indian Penal Code relating to dead bodies. According to Section 297 of the Indian Penal Code, trespassing into burial grounds is a crime. This article states: "Whoever, with intent to hurt the feelings of any person or to insult the religion of any person, or knowing that the feelings of any person are likely to be hurt, or that the religion of a person is likely to be insulted, commits any intrusion into any place of worship or into any place of burial, or into any place reserved for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causing disturbance to any person assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or a fine, or both. » According to Section 499 of the Indian Penal Code, any imputation against a deceased person if it damages his reputation and is intended to hurt the feelings of his family or any other close relative constitutes an offence. This is based on the Latin maxim “De mortuis nil nisi bonum” which in English means “of the dead, speak no evil”. Necrophilia Necrophilia is a pathological fascination with corpses, which often takes the form,.