The right to participate in funeral ceremonies of a spouse, parent or child will fall within the ambit of the fundamental right to practice any religion guaranteed under Article 25 of the Constitution and the doors of the court could be knocked anytime to enforce such a right, the Madras High Court has said.
Justice G.R. Swaminathan made the observation after holding a special sitting on Sunday to grant interim bail to a prisoner so that she could attend her father’s funeral ceremonies in Sivaganga district. He granted her bail from 7 a.m. on January 14, 2025 to 8 a.m. on January 17, 2025 on execution of own bond.
The petitioner, P. Kavitha, and her husband Prasanth had been booked by the Economic Offences Wing in Chennai in 2022 for having allegedly duped hundreds of gullible depositors of several crores of rupees. The couple was arrested on December 31, 2024 and lodged at the central prison in Puzhal near here.
The woman’s father, Muthannan Sonai, had died in Sivaganga district on January 11, 2025 and hence her counsel S. Madhusudhanan moved an urgent bail petition directly before the High Court since he was reportedly told that the district court would not be in a position to entertain the matter on account of Pongal holidays.
Justice Swaminathan, the Pongal vacation judge holding the criminal portfolio, directed the High Court Registry to number the bail petition and list it for hearing before him on January 12, 2025 since petitioner’s right to participate in the funeral ceremonies should not become an illusion due to lack of access to courts.
“There is no need for any Appar (the other name of seventh century Saivite saint poet Tirunavukkarasar) to sing 11 Tevaaram (hymns in praise of Lord Shiva) to cause opening of the court’s doors. The courts need not work 24X7, but if the occasion demands, the courts should respond and rise to the occasion. It is more so when technology enables the same,” the judge wrote.
The judge pointed out that the bail petition was filed through e-filing mode and the hearing was held through video conference enabling the court to hear Government Advocate (criminal side) Leonard Arul Joseph Selvam too before passing the orders.
After hearing both sides, the judge said: “The question that calls for consideration is whether the petitioner is entitled to attend her father’s funeral. The answer is in the affirmative. This is because, in India, death is a not a mere biological fact. It was only during COVID-19, bodies were dumped unceremoniously. Under normal circumstances, a person’s demise is followed by elaborate religious rituals.”
He said, “The right to participate in the funeral ceremony of the spouse/parent/children will fall within the ambit of Article 25 of the Constitution of India. The petitioner, as the daughter of the deceased, will have to participate and perform certain rites. Unless the court recognizes the petitioner’s rights, she will not be able to participate.”
Though the funeral got over by the time the judge took up the bail petition for hearing, he permitted the petitoner to participate in the third day obsequies and other related ceremonies. The judge recorded the submission of the petitioner’s close relative Tamilarasan Balachandiran, at whose instance the bail petition was filed, that he would ensure the return of the petitioner to the prison on January 17.
Failure to do so would make him liable for contempt proceedings, the judge warned. He also stated that if the petitoner does not return to the prison on January 17, none of her future bail applications would be considered positively until the completion of investigation in the criminal case.
Published – January 13, 2025 10:43 pm IST