ABSTRACT With the deadly COVID-19 claiming more than 1.3 lakh lives by November 2020 in India, a very pertinent thought comes to anyone’s mind. That, is it illegal to deny last rites to a COVID-19 deceased in India? Various health and safety guidelines issued by international organizations like the World Health Organization and national organizations like the Ministry of Health and Family Welfare concerning the last rites of COVID-19 patients have failed to address the issue at hand. Numerous reports of inhumane treatment of the dead have raised concerns among human rights activists and the Indian Courts wherein it was stated that the rights of the dead to a decent funeral are enshrined in Article 21 and Article 25 of the Indian Constitution. The paper provides detailed insights into the chaos that have unfolded around the last rites of the dead, traces the human rights jurisprudence on this much-neglected topic and concludes with the recent judicial pronouncements in the subject area.