“Everyone must be allowed to cremate the dead bodies in the place which is notified as a burial ground irrespective of caste or community,” the Court ruled.
The Madras High Court on Friday lamented that the practice of prohibiting the cremation or burial of persons belonging to marginalized castes in common burial grounds continues in several villages (S Amirthavalli v. The District Collector, Coimbatore).
Justice N Anand Venkatesh termed such exclusion a “loathsome practice” and observed that it is quite unfortunate that even at the time of death, the caste factor does not leave a person.
Venkatesh said, “Persons belonging to such marginalized communities are forced to cremate the dead bodies in some other place which has not been notified as a burial ground.”
He added, “Such a practice should immediately stop and everyone must be given access to the burial ground irrespective of the caste or community to which they belong.”
The government informed the Court that the concerned Block Development Officer has been directed to ensure that persons belonging to all communities are permitted to use the common burial ground.
The Court disposed of the matter after taking this submission on record.
The authorities were told to ensure that cremation takes place on the notified/common burial ground, irrespective of the community, caste, or creed.
“The cremation or burial of the dead bodies should not be allowed in any other places than those places which are specifically notified as a burial and burning ground under the relevant Rules,” the Court said.
A copy of the order was marked to the Secretary to the State Rural Development and Panchayat Raj Department and the Director-General of Police to ensure stringent action is taken against errant persons if the need arises.
“Even at this length of time, the curse of the caste system is so prevalent, particularly in villages, and it piggybacks even at the time of birth and does not even seem to leave even at the cremation. Alas, we live in such a sorry state of affairs,” the Court observed further.
The judge went on to emphasize that when it comes to the cremation of dead bodies, “everyone must be allowed to cremate the dead bodies in the place which is notified as a burial ground irrespective of the caste or community.”
Justice Venkatesh opined that stringent action is required against such perpetrators of crime to bring such condemnable practices under control.
The Court ordered the authorities in Tamil Nadu to take strict action if it is found that cremation of dead bodies is not being allowed based on caste.
“The right to decent burial is part of Article 21 (right to life and personal liberty) of the Constitution and such a fundamental right must be ensured to all, irrespective of caste or creed,” the Court said.
“This should be borne in mind by the authorities and a complete revamp on the attitude of the people must be brought forth by taking stringent action against persons who follow such inhuman practices,” the order further stated.
Background
The Court was dealing with a petition against the burial or cremation of dead bodies at certain government land in Pollachi, which the petitioner claimed was needed to access certain property that belonged to her husband.
In the course of the case, the High Court was informed that the said land was being used to cremate dead bodies of persons belonging to a lower caste, as members of this community were not being allowed access to the nearby burial ground.
