Funerary Rites and Rights of the Dead: Jurisprudence on covid-19 Deaths in Kenya, India and Sri Lanka

Date

2023-01-12

Advisors

Journal Title

Journal ISSN

ISSN

2211-9051
2211-906X

Volume Title

Publisher

Brill

Type

Article

Peer reviewed

Yes

Abstract

Pandemics are associated with exponential mortality rates, creating heavy burdens on communities. The high death rates affect how societies traditionally conduct funerary practices as governments impose regulations on the preparation of bodies and the conduct of the funerals to stem the transmission of the virus. In societies associated with deeply entrenched customary funerary practices, such limitative measures attract defiance. The tensions between public health objectives and funerary traditions have played out in a number of societies resulting in litigation. At the core of the disputes is whether the right to manifest religion or belief can be upheld, and relatedly, whether the dead have rights to dignified burials irrespective of pandemics. During the covid-19 pandemic, some courts had to grapple with these difficult questions. In this paper, I take a jurisprudential excursion on some disputes in Kenya, India and Sri Lanka to assess the adjudication of conflicts which arose from covid-19 pandemic deaths.

Description

The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.

Keywords

Citation

Nyamutata, C. (2023). Funerary Rites and Rights of the Dead: Jurisprudence on covid-19 Deaths in Kenya, India and Sri Lanka. Global Journal of Comparative Law, 12 (1), pp. 36-69

Rights

Attribution-NonCommercial-NoDerivs 2.0 UK: England & Wales
http://creativecommons.org/licenses/by-nc-nd/2.0/uk/

Research Institute

Centre for Law, Justice and Society