Bombay High Court Emphasizes Importance of Respectful Last Rites as Fundamental Rights

The High Court has recently brought attention to a matter regarding the availability of burial grounds in Mumbai’s eastern suburbs. The court questioned the Brihanmumbai Municipal Corporation (BMC) as to why it has not been able to find a suitable plot for a burial ground since November. In a public interest litigation (PIL) filed by three residents of suburban Govandi, the petitioners sought additional burial grounds for the eastern suburbs.

The court emphasized that it is the statutory duty and obligation of the municipal corporation to provide an adequate place for the respectful disposal of the dead. The division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar expressed displeasure over the BMC’s approach in providing additional burial grounds for over two years. It noted that the right of a dead person to a decent and respectful last rite is as important as other fundamental rights.

The court also raised concerns about the proposed locations for a burial ground, specifically questioning the suitability of sites near existing grounds and areas with industrial activities. The BMC had previously informed the court that certain proposed locations were not suitable for a burial ground. In response to this, the court remarked that if suitable plots cannot be found on Earth, perhaps people should consider going to Mars for burial.

The court has ordered the BMC commissioner to personally look into the matter and issue necessary directions to find another plot of land to be used as a burial ground within a specific vicinity. The High Court has emphasized the urgency of the matter and has instructed the BMC commissioner to file a personal affidavit indicating the steps to be taken to ensure compliance with the court’s order. The court has scheduled the matter for further hearing on June 21, highlighting the importance of resolving this issue promptly.