Bargaining over a corpse
Perhaps the most difficult time in life for someone is when they lose a loved one. The pain is more severe when a loved one dies an untimely death. Recently, there have been reports that when someone loses a loved one in Dhanusa district due to an accident, a suicide or an act of violence, they have to bargain with the police to claim the corpse. There has reportedly been a spike in this trend at Janakpur Zonal Hospital.
On August 12, Ajaya Thakur, 45, tried to commit suicide by taking poison due to household problems. His family members immediately took him to Janaki Health Center in Janakpur, but he could not be saved. The police sent his body to Janakpur Zonal Hospital for a post-mortem and they demanded Rs 500 to hand over the body to Thakur’s family. “As the family members were already shattered, they gave the money to the cops, no questions asked. They got no receipt,” says Ram Nath Shah, a distant relative of Thakur.
The family then searched for a vehicle to take the corpse home. They found one near the hospital but were cheated again. The normal rate for transferring a corpse is Rs 1,500 but the driver charged Rs 3,500. He gave a fake receipt of an establishment that is no longer in operation in Janakpur.
“The rate of transporting a corpse is fixed. If someone tries to bargain with the families, they should be legally charged,” says Maha Sankar Thakur, a member of Samyukta Ambulance Chalak Sangh.
Janakpur Zonal Hospital conducts a post-mortem on everyone who meets an untimely death in Dhanusa. Once the police is notified of the death, they carry out necessary procedures like inspecting the site of death, taking the corpse to the mortuary, and overseeing the post-mortem process. All these services are actually free of charge, but the police ask the families of the deceased to pay a fee.
The hospital’s medical superintendent Dr Nagendra Prasad Yadav says that such police acts, if true, are condemnable. “This is a serious issue and must be thoroughly investigated,” he says. But he adds that nobody has notified him of the police demanding money from the families of the deceased.
But some hospital staff corroborate the allegation against the police. They say the police demand anywhere between Rs 500 to Rs 2,000 from the families of the deceased, telling them they would be spared unnecessary legal hassles if they pay up. Some families pay because they think they are supposed to; others because they don’t want to haggle with the police.
In the past fiscal, 443 corpses were brought to Janakpur Zonal Hospital for an autopsy. The hospital’s post-mortem facilities, however, are unsystematic. About 10 meters from the hospital is a cramped room where the bodies are kept. It is so small that some corpses are kept on the floor. Even though the hospital has bought three freezing machines for storing corpses, there is no proper building to install them.
And the hospital does not have any autopsy specialist. Dr Yadav informs that some doctors are trained on post-mortems. “But only if we have a separate autopsy department and can hire specialists will the dismal situation improve,” he says.
As the hospital gets many unidentified corpses, they remain in the morgue for months, and people in its vicinity have to bear a terrible stench.
Province 2: Learning the ropes of federalism
Janakpurdham : Among the many acts formulated in Province 2, the one that’s been discussed the most is the Provincial Police Act. Province 2 Governer Ratneshwor Lal Kayastha signed the Provincial Police Bill, 2018 into law on December 30. The act, which was endorsed in accordance with Article 201, Sub-article (2) of the constitution, has 14 chapters, 102 clauses and 2 schedules. Clause 99 of the Act states that the operation, supervision and coordination of the provincial police will be in accordance with federal laws.
Clause 100 states that until the provincial Public Service Commission is formed, the federal Public Service Commission will carry out necessary tasks and responsibilities. Likewise, Clause 6, Sub-clause 1 states that the organization, structure and size of the provincial police force will be determined by the provincial government in consultation with the federal government.
Although the Act has been endorsed, it hasn’t been implemented. This is because the Federal Police Act hasn’t been issued and the bill on the formation of the provincial Public Service Commission hasn’t passed.
That the provincial government introduced this Act before the Federal Police Act was formulated created a lot of controversy. Some argued that in doing so Province 2 government was trying to subvert the constitution and the federal government. But Mohammad Lal Babu Raut, Chief Minister of Province 2, believes that the Act is a constitutional right for the province and will play an important role in facilitating coordination with the Center. “The constitution has bestowed this right on the provinces and we will make sure it is successfully implemented,” says Raut.
This Act is the embodiment of the provincial police force that the constitution envisions, says Dipendra Jha, Chief Attorney of Province 2. “It will bring about many positive results if the Center plays the role of a guardian and offers advice and encouragement to the provinces. The inclusive Act formulated by Province 2 can also be a good model for other provinces to emulate,” says Jha.
Also Read:
Province 1: Learning the ropes of federalism
Province 3: Learning the ropes of federalism
Gandaki: Learning the ropes of federalism
Province 5: Learning the ropes of federalism
Karnali: Learning the ropes of federalism
Farwestern: Learning the ropes of federalism