Kerala Right to Burial of Corpse in Christian (Malankara Orthodox-Jacobite) Cemeteries Act, 2020
No: 1 Dated: Jan, 07 2020
THE KERALA RIGHT TO BURIAL OF CORPSE IN CHRISTIAN (MALANKARA ORTHODOX-JACOBITE) CEMETERIES ACT, 2020
ACT 1 OF 2020
An Act to provide for the burial of corpse and funeral services of Christians belonging to Malankara Orthodox-Jacobite denominations and for matters connected therewith or incidental thereto
Preamble.-WHEREAS, it is expedient to provide for the burial of corpse and funeral services of Christians belonging to Malankara Orthodox-Jacobite denominations and for matters connected therewith or incidental thereto;
BE it enacted in the Seventy- first Year of the Republic of India as follows:-
1. Short title and commencement.─ (1) This Act may be called the Kerala Right to Burial of Corpse in Christian (Malankara Orthodox-Jacobite) Cemeteries Act, 2020.
(2) It shall be deemed to have come into force on the 7th day of January, 2020.
2. Definitions.─ In this Act, unless the context otherwise requires,-
(a) “cemetery” means a place set apart for burial of the corpses of parishioners in a concrete cell or pit made in the ground;
(b) “Christian” means any person belonging to the Orthodox-Jacobite denominations of Malankara Christian Church who believes in the Bible and accepts Jesus Christ as the only begotten Son of God and has been baptized;
(c) “Government” means the Government of Kerala;
(d) “parish” means a group of Christian families having a church or prayer hall for its members to offer worship;
(e) “prescribed” means prescribed by rules made under this Act.
3. Right to burial of corpse.- (1) All members of the families belonging to a parish shall have the right to be buried in the cemetery where their ancestors were buried.
(2) The relatives of the deceased member of a parish may forego funeral services in church or its cemetery or opt for funeral services at any other premises by a priest of their choice.
Explanation.-For the purpose of this section member of a family belonging to a parish includes descendants of all persons who have been buried in that cemetery but shall not include those who have left the faith of Orthodox-Jacobite Church and have embraced other denominations of Christian Church or other religions.
4. Penalty.- Whoever prevents or attempts or abets to prevent the burial of corpse in violation of the provisions contained in section 3 shall, on conviction, be sentenced to imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.
5. Offences shall be cognizable, bailable and compoundable.- The offences under this Act shall be cognizable, bailable and compoundable by the family members of the deceased.
6. Maintenance of registers.- The Vicar of the parish shall maintain a separate register as may be prescribed for the burial of corpse conducted in the cemetery under section 3. The Vicar shall maintain such register as a permanent record in his office and he shall issue certificate in this behalf to any person on application made to him upon the receipt of fees as may be prescribed.