Shuvagoto Pramanik Sagoto:

A dead man is not a legal person in the eye of law. After death, all legal rights and duties of a person come to an end. It is true that dead persons are not recognized as legal persons but the testamentary dispositions of the dead are carried out by law. But the question is whether all legal rights of a person end after death? If considered according to the 1972 People’s Republic of Bangladesh Constitution and Penal Code 1860, the answer is “No”. Let us know what rights of a dead person will be protected according to the 1972 People’s Republic of Bangladesh Constitution and Penal Code 1860. Three rights of a dead person are guaranteed by law, and they are men’s body, men’s reputation and men’s estate. If we talk about the dead person’s body, first of all dead bodies are not private or communal property. But a person is entitled to proper burial and cremation. No matter how many crimes a person has committed during his lifetime, even if he dies while in prison, he is entitled to a decent burial. The law says so. In the eyes of law, a responsible citizen will have the same right to proper burial as a criminal will also have the same right. According to the section 297 of Bangladesh Penal Code 1860 –“Any person trespassing into a religious place, dishonoring a dead body or causing trouble during funeral rites with intent to hurt religious sentiments will also be considered religious insult. Such offense is punishable with imprisonment up to the one year, compensation or both.”  For example- Suppose Mr. Rahim died. During his cremation Mr. Karim is obstructing i.e. not allowing his cremation to be completed properly. In such case Mr. Rahim’s family members(if not then close relatives or neighbors) can file a case in court. And if the charge id proved Mr. Karim will be punished with imprisonment for a term not exceeding one year or with compensation or with both. Now let us know about the dead person’s reputation. A dead person’s reputation is protected by law. Defamation of a dead person is an offense punishable under the Criminal Law of Bangladesh. But it will be a defamation only when is affects the interest and honor of the dead person’s   relatives and living neighbors. And this right is largely effective for the living descendants of the dead person. According to the section 499 of the Penal Code of Bangladesh –“A defamation case can be filed even if a statement is made that damages the reputation or reputation of the deceased. Under the Penal Code of Bangladesh, criminal defamation cases have to be filed in Magistrate’s Court. And a civil case has to be filed for compensation.” If a person says or act in such a way as to destroy the reputation of the dead person, the heirs or next of kin of the dead person can file a defamation case against that person in the magistrate court. According to the section 500 of Bangladesh Penal Code, 1860 –“If a person defames another person, that person shall be punished with imprisonment for a term which may extend to two years or with compensation or with both.” Through this law, the reputation of the dead person and his family is guaranteed. Finally, if we talk about the property or estate of a dead person, we can say that the fair distribution of his property is fully guaranteed by law. If the dead person left any will before his death, then through the Succession Act, 1925, that will come into force and his property will be distributed according to the will. According to the succession act, 1925 - will means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. And if he does not leave any will before his death, his property will be distributed fairly among his heirs as per the Muslim Family Act, 1961. But if the dead person has no inheritance, the property will be distributed among his relatives. And if he has no close relatives then his property will go to the state. Thus, over the years, these rights of dead person have been properly observed through the law. These rights of the dead person help to maintain his existence and family status in the society.

The writer is the student of Law and Justice Department of BAUET. Email: shusagoto883259@gmail.com, Mobile: 01742883259