With the deadly coronavirus taking lives of nearly 1.3 lakhs lives till the November 2020 in India itself is a very apposite question that arises which is- is it illegal in India to deny the last rites of burial? Many guidelines have been issued by the World Health Organization and also the Ministry of Health and Family Welfare have almost failed to address the issue. Innumerable reports have surfaced of doing inhumane treatment to the dead and their corpse has raised a question and concerns among various activists and the Courts in India where it was addressed that the right of decent funeral have been enshrined under Article 21 of the Constitution of India. This paper tends to superscribe to the issue that what are the various rights that are available to the dead and their next of kins with regard to decent burial to the right in the property. International covenants and their judicial pronouncement.

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