Daughters' right to perform last rites: Courts can't interfere as it is matter of faith, says SC

The top court dismissed a plea seeking guidelines

Representative image | Reuters Representative image | Reuters

The Supreme Court on Wednesday refused to entertain a plea seeking direction to the Centre for formulting guidelines for daughters' right to perform last rites of her parents.

A bench of Justices S A Bobde, S Abdul Nazeer and Krishna Murari dismissed the plea filed by one Garima Bharti saying that courts cannot interfere in such matters as it is a matter of faith and belief.

"We see no reason to entertain this petition. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioners to make a representation to the Ministry of Social Justice. Pending application stands disposed of," the bench said.

During the hearing, the bench observed that there are certain communities in India which allow daughters to perform last rites of her parents while there are certain communities which do not.

"If a certain act is not an offence, then the government cannot control such things," the bench said, adding that it will allow the petitioner to make representation to the ministry of Social Justice.

Senior advocate Arvind Kumar Sharma, appearing for the petitioner said that due to absence of any specific guidelines, the girl child faces problem.

The top court, however, refused to entertain the petition saying it cannot do much in the matter.