Written by Manoj Kumar Ojha
Guwahati: The Assam Cabinet has approved a new policy banning all hospitals and nursing homes in the state from withholding dead bodies over unpaid medical bills.
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The decision, announced by Chief Minister Himanta Biswa Sarma on Wednesday, will come into effect from August 1, 2025.
Addressing reporters in Guwahati, Sarma said that detaining bodies for pending dues is a violation of human dignity and has no legal standing. “Dead bodies cannot be kept hostage. This is against human dignity. Hospitals have no right to hold the body due to pending dues,” he said.
The move follows repeated complaints from families who alleged that private hospitals refused to release bodies unless full payments were made. In some cases, families were reportedly forced to arrange money overnight or sign blank cheques to recover the remains of their loved ones. The government described such practices as inhuman and illegal.
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To ensure implementation, the state has introduced a mechanism allowing people to call the 24×7 helpline number 104 if a hospital refuses to release a body.
Once the call is received, the local police station will be alerted, and officers will visit the hospital or nursing home to ensure the body is handed over to the family without delay.
Hospitals found violating the new rule will face penalties, including license suspension for a period of three to six months. Repeat violations could result in permanent cancellation of the hospital’s license.
Officials clarified that while hospitals have the right to recover dues through civil legal processes, detaining a body is both unlawful and unconstitutional. The government cited Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, including the right to die with dignity.
The Supreme Court has also ruled that human dignity extends even after death, reinforcing the need for proper burial or cremation.
The state government is in the process of notifying all stakeholders about the new rule. Police departments are being briefed, and circulars will be issued to all private healthcare institutions.
Awareness campaigns will also be conducted to inform the public of their rights under the new policy.