Bombay HC calls for fair and dignified treatment
to the living and the dead
The Goa Bench of Bombay High Court called for fair and dignified treatment to the living and the dead, while hearing a Public Interest Litigation (PIL) filed raising concerns over establishment, upkeep and maintenance of crematoria, cemeteries and kabrastans in Goa.
The PIL, filed by Muzaffar Kadri, pointed out that there is a shortage of 43 crematoria, 50 cemeteries and 172 kabrastans in Goa. It prayed that the government be directed to make good the shortfall and maintain the existing ones.
The state government had passed a resolution in the late 1990s to allot a feasible land at Sonsodo for a burial ground as the then existing Kabrastan, which was allotted nearly 50 years ago, was not sufficient for the community, the PIL stated. The plot concerned at Sonsodo was acquired in 2011. However, the burial ground was not constructed owing to opposition from various quarters to the said allotment.
A Division Bench of Justices M S Sonak and B P Deshpande said, “… there is a duty cast upon the local authorities and the State to provide reasonable facilities for the burial and cremation of the departed. These are primary duties. These are essential duties. These duties cannot be delayed or denied. At least in discharging these duties, there ought to be no red tape or sustained inaction. In particular, there ought to be not even a hint of discrimination.”
The Bench also noted that the authorities have a constitutional obligation to provide burial grounds and cemeteries to all communities since there are restrictions on burying or cremating the departed at places other than those designated by the local
The judges remarked that the Margao Municipal Corporation (MMC) had initially agreed to construct the burial ground at the site, but did a volte-face from its stand citing financial constraints.
The HC directed the MMC and the Goa South Urban Development Authority (GSUDA) to “complete the works of construction and development of Kabrastan” at Sonsodo expeditiously and “in any case within six months from today”.
Directing the MMC to cooperate with the other State instrumentalities, who have been tasked to construct the Kabrastan, the HC stated that there was “obligation on authorities” under Article 21 of the Constitution of India which mandates that “fair and dignified treatment” be extended not only to the living, but also to the dead.
The GSUDA was directed to file an affidavit on the progress made in constructing the Kabrastan by November 29.