Photograph by The Economic Times
The COVID-19 pandemic has infected millions worldwide and continues to infect more. Not only has it taken countless lives, it has also tossed aside the basic human rights of umpteen individuals. It has not just posed a health and safety crisis for the public at large but has also disrupted the practice of providing dignified death to humans. In such crises, mass burials are adopted, and to avoid mismanagement, various international organizations have taken affirmative action by issuing guidelines for the management and dignified disposal of dead bodies. But the global reporting of multiple incidents of undignified handling and disposal of the dead has posed a question to the effectiveness of these guidelines.
Positive Action by International Organizations
The 2005 resolution of the United Nations Commission on Human Rights (UNCHR) highlighted the importance of dignified handling of human remains, as well as their proper management and disposal, while taking into account the needs of families of the dead who will be performing the last rites. In the current COVID -19 pandemic, the United Nations (UN) has been providing assistance and support to countries worldwide, by forensic recommendations in regards to the handling of dead bodies. The UN issued guidelines, taking into account the vulnerability of its personnel, who have been providing relief globally, and are vulnerable to fatalities as a result of the COVID-19 infection.
The World Health Organization (WHO) in March, released guidelines which state that bodies can be cremated or buried as per their religious sentiments, and the family members may view the body once it is prepared for the last rites. While importance is given to the needs of families and the religious beliefs, the WHO also as a safety measure, directs the family members to maintain a reasonable distance from the bodies while ensuring that standard precautions are undertaken. Any form of physical contact with the body is not allowed while performing the last rites, but sprinkling holy water and other rites which do not require direct contact are permissible.
The International Committee of the Red Cross (ICRC) has been actively working to ensure the safety of healthcare staff on the frontline of the pandemic response, while maintaining the dignity of the deceased who died due to COVID-19. Based on its experience of management of the dead in emergencies, the ICRC has released a set of recommendations for global authorities and forensic institutions for the dignified management of the dead during COVID-19 pandemic. It has encouraged nations and forensic institutions to incorporate these recommendations and resources as a part of their COVID-19 response action plans. The guidelines are provided in a twofold manner; Part 1 is general guidance and support for the management of the dead in a dignified manner by forensics and funeral homes and Part 2 lays down general guidance and support to the authorities in their response to mass fatalities as a result of this pandemic.
Sufficiency of these Recommendations
Even though these recommendations were issued in the early stages of the pandemic, their implementation in the practical scenario has hardly been observed. In the past months, several instances of mishandling of dead bodies have been reported, and this has increased with the exponential increase in deaths related to Covid-19. These recommendations are merely suggestive, and hence, their implementation depends on the state authorities to follow as part of their COVID-19 response strategy. While some countries like the United Kingdom have passed legislation in consonance with these guidelines to address this issue, various other nations have been incapacitated by the impact of the virus, let alone having effective action plans to ensure responsible management of the dead bodies as the primary focus.
These recommendations fail to serve its purpose in the developing and the third world countries, where the infrastructure is not sufficient in handling such crises. There, mass fatalities often occur as a result of substandard healthcare facilities leading to mismanagement in the handling and disposing of dead bodies. This is further exacerbated by the absence of proper mortuary and storage facilities, which is a major concern in third world countries, when even developed nations like Italy were overwhelmed by the sudden rise in deaths due to the pandemic. Mass graves are being resorted to in developing nations like Brazil, since there’s a lack of infrastructure and requisite facilities to handle mass fatalities. Ineffective dissemination of the aforementioned guidelines to the public at large along with ambiguity in regard to the dead body being a vector of the disease has led to tragic incidents where bodies have been callously tossed into burial pits or stacked on top of each other in an undignified manner.
With a staggering increase in the cases worldwide, especially in developing nations like Brazil, India, and Russia, the situation is bound to worsen resulting in mass fatalities. The lack of requisite infrastructure to handle such deaths, coupled with such economies entering into recession, will lead to multiple incidents of undignified disposal of an overwhelming number of bodies. Hence, not merely suggestive but material help needs to be provided to such nations, like the ICRC has been providing in various countries globally. It has been providing necessary assistance to South American and Eur-Asian countries, by providing body bags, Personal Protective Equipment (PPE) kits, and forensic personnel to aid the process. Moreover, it has been providing assistance in Africa in preparation for mass fatalities in the form of trench burials and ensuring traceability, in case the continent sees a surge in COVID-19 cases like in Europe and the United States, which might be exacerbated with the lack of requisite healthcare facilities. Globally, various Red Cross and Red Crescent National Societies have been providing support for the safe management of dead bodies of the infected and also providing dignified disposal in absence of mortuary facilities.
Conclusion
The pandemic has not only taken the lives of several individuals but has also disrupted the last rites they deserve on basic humanitarian grounds. With the cases increasing exponentially, states should work in tandem with international authorities for formulating effective action plans that work effectively at the ground level, especially in third world nations that are at a higher risk in the face of this pandemic. This has to be bolstered by the judiciary and domestic authorities of the nation’s taking proactive steps in ensuring the dignified disposal of the dead.
The patients, before death underwent severe emotional and physical trauma, and their pain was further heightened by the absence of their loved ones around them during their final days. Hence, it becomes imperative to maintain their sanctity when the last days were marred with suffering. People often don’t care how a body is handled until it is of their loved one. Whether dead or alive, a human body must be treated with dignity and humanely.
This article has been authored by Pranav Nayar, a third year law student at Rajiv Gandhi National University of Law, Punjab.