Criticising the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) for their lackadaisical attitude on allocating new burial grounds following the closure of existing sites in Deonar and Rafiq Nagar, the High Court has emphasised that upholding the dignity of the deceased is as essential as caring for the living.
In a significant statement, the bench of Chief Justice DK Upadhyaya and Justice Arif Doctor highlighted that even in death, individuals hold rights under Article 21 of the Constitution, which include the right to a dignified burial. The Chief Justice pointedly questioned the authorities, stating, “You need to take care of the dead as much as the alive. They have a right under Article 21 of the Constitution to be buried with dignity. If dead bodies are coming up, can you understand what it means?” He further said: “Such lackadaisical attitude in this matter, both by BMC and the State cannot be condoned. Do you need court orders in such matters? This should have been done by you. You should have been alive to such issues.”
The court's remarks came during the hearing of a Public Interest Litigation (PIL) submitted by three Govandi residents – Shamsher Ahmed, Abrar Chaudhari, and Abdul Rehman Shah. The PIL advocated for additional burial grounds to cater to the eastern suburbs.
Advocate Altaf Khan, representing the petitioners, brought to light the closure of Deonar and Rafiq Nagar burial sites due to the non-decomposition of bodies. Interestingly, the BMC had previously filed an affidavit stating their exploration of options for a new burial ground.
Khan further informed the court about three proposed locations for a cemetery: one adjoining the current ground in Deonar, another situated behind Rafiq Nagar (formerly a dumping ground), and a third approximately eight kilometers away from Govandi's central hub in Anik village.
BMC advocate Ram Apte informed the court about ongoing negotiations with Oswal Agro Mills Limited (formerly Union Carbide) for land in Anik Village. The Chief Justice directed the BMC to fulfill its duty under the law to provide an appropriate place for the respectful disposal of the deceased.
Addressing the Deonar site's challenges, the BMC cited an estimated cost of around Rs 200 crore for preparing the area for a cemetery.
State advocate Abhay Patki explained that the state initially intended to allocate its land near the existing cemetery for purposes other than an additional cemetery.
In response, the court instructed the Urban Development Department to clarify the reasons for not designating the Deonar burial ground for constructing an additional cemetery. The BMC and the state were also directed to outline their measures for providing a dignified space for last rites to the general population. Additionally, the civic body was asked to detail its efforts in acquiring the land owned by Union Carbide in their submitted affidavit.
The affidavits are expected to be filed within two weeks, and the High Court is set to revisit the PIL on September 5.
