Kochi | The Kerala High Court has asked the state government to examine whether there is any need to continue granting separate licences for burial or cremation grounds on the basis of communities and does doing so violate the constitutional rights of equality and life.
The High Court also said in any public burial ground, mortal remains of all persons, irrespective of their communities, should be allowed to be buried without any discrimination.
The posers and the observation from the court came while disposing of a plea by an NGO alleging that marginalised communities in a grama panchayat in Palakkad district of the state were being denied access to a public graveyard to bury their dead.
The petitioner had alleged that the backward Chakkiliyan community, a Scheduled Caste, of Puthur grama panchayat in Palakkad district were being denied access to a burial ground as the body of a woman belonging to that caste was not permitted to be buried there in April 2020.
It was also alleged that members of the dominant castes allegedly threatened and wrongfully restrained the family members of the deceased woman.
The NGO, in its plea, had sought a direction to the district authorities to permit burial of the deceased from the Chakkiliyan community in the public burial ground of the Puthur Panchayat peacefully.
The then District Collector (DC) of Palakkad had opposed the plea, saying that the burial ground in question was a private one as it was purchased by some local residents and a separate site was available for burying members of the SC community.
The DC had also said that the body of the woman was not allowed to be buried at the private burial ground due to the fear of the Covid-19 pandemic and the problem was solved by finding an uninhabited place near Ummatharnpadi Homoeo Dispensary area there.
After hearing all sides, the High Court said considering the gravity and mortality prevailing at that point of time, due to the Covid-19 pandemic, "the apprehension expressed by the local residents could not be ignored".
"For the solitary incident reported, this court cannot hold that there was discrimination. However, in any public burial ground, mortal remains of all persons, irrespective of their communities, should be allowed to be buried, without any discrimination," it said.
The court also said that according to the various statutory provisions, the government can permit burial grounds on the basis of communities, apart from public burial and cremation sites, and has permitted the same by issuing licences.
At the same time, the court asked the legislature to "consider whether there is any need to continue granting separate licenses for burial or burning grounds, on the basis of communities, and whether such action violates Articles 14 and 21 of the Constitution of India." "Let the Legislature and the Executive maintain the right to dignity and fair treatment under Article 21 of the Constitution of India, not only to a living person, but also to the mortal remains of a person," it added.
