Mumbai: The right of a deceased person to a decent and dignified funeral is as important as other fundamental rights, the Bombay High Court said on Monday while hearing a PIL seeking additional cemeteries for Mumbai's eastern suburbs.
Should people "go to Mars" for burial?, an angry HC asked and pointed out that since November, the Brihanmumbai Municipal Corporation (BMC) has been unable to find land for burial.
A division bench of Chief Justice DK Upadhyay and Justice Amit Borkar pulled up the BMC for its indifferent approach in providing additional cemeteries for the eastern suburbs for over two years.
A statutory duty and obligation was cast on the Municipal Corporation to provide adequate space for the dignified disposal of the dead. The bench said, civil authorities cannot escape their responsibility in this regard.It said, "The right of a deceased person to a decent and dignified funeral is as important as other fundamental rights."
The court was hearing a public interest litigation (PIL) filed by three residents of suburban Govandi - Shamsher Ahmed, Abrar Chaudhary and Abdul Rehman Shah - seeking additional cemeteries for Mumbai's eastern suburbs.
The petition claimed that there were three proposed locations for the cemetery - one near the existing land at Deonar, the second behind Rafiq Nagar (a former dumping ground), and the third at Anik village, about 8 km away from the main population center of Govandi. Which is adjacent to Hindustan Petroleum Corporation Limited (HPCL) Refinery.
The BMC had earlier told the court that the Deonar grounds and Rafiq Nagar areas were not suitable for cemeteries.On this the bench quipped whether people should go to Mars for burial. "Then they should go to Mars? You haven't got a plot since November. Where will the dead go now?" CJ Upadhyay said.
The court said it is regularly passing orders to ensure that plots at these three sites are made available for burials at the earliest "but the requisite cooperation from BMC officials is not visible".
The bench asked the BMC Commissioner to look into the matter "personally" and issue necessary instructions to his officers regarding finding another plot of land to be used as a graveyard in the area around 3 km of Rafiq Nagar. Said.
“We also call upon the BMC Commissioner to file a personal affidavit by the next day of hearing indicating the steps to be taken by the authorities to ensure compliance with this order,” the court said.,
The HC posted the case for further hearing on June 21.
Should people "go to Mars" for burial?, an angry HC asked and pointed out that since November, the Brihanmumbai Municipal Corporation (BMC) has been unable to find land for burial.
A division bench of Chief Justice DK Upadhyay and Justice Amit Borkar pulled up the BMC for its indifferent approach in providing additional cemeteries for the eastern suburbs for over two years.
A statutory duty and obligation was cast on the Municipal Corporation to provide adequate space for the dignified disposal of the dead. The bench said, civil authorities cannot escape their responsibility in this regard.It said, "The right of a deceased person to a decent and dignified funeral is as important as other fundamental rights."
The court was hearing a public interest litigation (PIL) filed by three residents of suburban Govandi - Shamsher Ahmed, Abrar Chaudhary and Abdul Rehman Shah - seeking additional cemeteries for Mumbai's eastern suburbs.
The petition claimed that there were three proposed locations for the cemetery - one near the existing land at Deonar, the second behind Rafiq Nagar (a former dumping ground), and the third at Anik village, about 8 km away from the main population center of Govandi. Which is adjacent to Hindustan Petroleum Corporation Limited (HPCL) Refinery.
The BMC had earlier told the court that the Deonar grounds and Rafiq Nagar areas were not suitable for cemeteries.On this the bench quipped whether people should go to Mars for burial. "Then they should go to Mars? You haven't got a plot since November. Where will the dead go now?" CJ Upadhyay said.
The court said it is regularly passing orders to ensure that plots at these three sites are made available for burials at the earliest "but the requisite cooperation from BMC officials is not visible".
The bench asked the BMC Commissioner to look into the matter "personally" and issue necessary instructions to his officers regarding finding another plot of land to be used as a graveyard in the area around 3 km of Rafiq Nagar. Said.
“We also call upon the BMC Commissioner to file a personal affidavit by the next day of hearing indicating the steps to be taken by the authorities to ensure compliance with this order,” the court said.,
The HC posted the case for further hearing on June 21.
