‘A Mother’s Right to Perform Her Son’s Last Rites Is Fundamental’: Supreme Court Seeks Centre’s Response in Dubai Death Case

The Supreme Court of India has issued notice to the Centre on a petition that raises a significant constitutional question: Is the right to perform the last rites of a deceased family member according to religious customs a fundamental right?

The matter came before a bench of Justices Vikram Nath and Sandeep Mehta after a 57-year-old woman from Basti, Uttar Pradesh, approached the court alleging that her son’s body was cremated in the UAE without the family’s consent and without allowing them to perform the final rites.

The Petition

The petitioner, Savitri, stated that her 29-year-old son Pankaj had been working as a carpenter for a company in Sharjah, UAE, for the past two years. He reportedly went missing on December 2. A missing complaint was lodged with the Basti police on January 10.

According to the plea, the family was informed on February 4 by the Indian Embassy in Dubai that Pankaj had died and that his body had already been cremated there.

Appearing for the petitioner, senior advocate Sanjay M. Nuli argued that as a mother, Savitri had the fundamental right to perform her son’s last rites in accordance with their religious customs.

“Violation of Fundamental and Human Rights”

Counsel for the petitioner contended that funeral rites are an essential religious sacrament that cannot be dispensed with under any circumstances. Denying a mother the opportunity to conduct her son’s last rites, he argued, amounts to a grave violation of Articles 21 and 25 of the Constitution — which guarantee the right to life and personal liberty, and the freedom of religion.

The bench has sought a response from the Union government by March 16.

A Larger Constitutional Question

The case has brought into sharp focus the legal and humanitarian dimensions of handling the deaths of Indian nationals abroad. At its core lies a broader constitutional issue: whether the right of family members to perform last rites in accordance with the deceased’s faith and customs constitutes a protected fundamental right.

The court’s eventual ruling could set an important precedent regarding the rights of families in cross-border death cases and the responsibilities of authorities in ensuring dignity — both for the deceased and for the bereaved.

The matter is scheduled for further hearing after the Centre files its reply.