Rajasthan Honour of Dead Body Bill, 2023

July 21, 2023

The Rajasthan Assembly recently passed a significant bill, known as the Rajasthan Honour of Dead Body Bill, 2023. This bill aims to penalize protests involving dead bodies and has raised several discussions and debates.

Rising Cases of Protests

The bill comes as a response to the alarming increase in cases of protests with dead bodies. During the previous BJP government (2014-2018), 82 such cases were recorded. However, under the current government (2019-2023), this number has risen significantly to 306 cases. The surge in such incidents prompted the need for a specific legislation to address the issue.

Provision 1: Seizure of Dead Body

Under the Rajasthan Honour of Dead Body Bill, 2023, the district administration is authorized to take action if the deceased person’s family resorts to protests with the dead body. In such cases, the district administration can lawfully seize the body and conduct the last rites, thereby preventing prolonged public demonstrations.

Provision 2: Imprisonment for Protestors

To deter individuals from participating in protests with dead bodies, the bill imposes strict penalties. Those involved in such protests may face imprisonment for up to five years. This provision is aimed at discouraging acts that disrupt public order and harmony.

Provision 3: Demands of Families

In many instances, families protesting with dead bodies have demanded jobs or financial compensation (money). Such demands can lead to prolonged protests, affecting public life and causing distress to the communities involved.

Provision 4: Victim Compensation Scheme

The existing Victim Compensation Scheme covers compensation in cases of unjust deaths. However, the bill aims to address protests involving dead bodies specifically and establishes a separate framework for handling such situations.

Provision 5: Non-Possession of Dead Body

The bill also addresses the issue of unclaimed dead bodies. It stipulates that family members who do not take possession of a dead body can face imprisonment for up to one year or be subject to a fine, or both. This provision intends to ensure proper and timely disposal of deceased bodies.

Criticism and Opposition

The bill has faced criticism from various quarters. It was likened the legislation to the notorious Defence of India Act (DIR) and Maintenance of Internal Security Act (MISA) implemented during the emergency. The comparison has raised concerns about potential misuse of power and infringement on individual rights.

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