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Dead also have fundamental right to dignity under Article 21: Bombay HC

Team SoOLEGAL 25 Aug 2023 9:44am

Dead also have fundamental right to dignity under Article 21: Bombay HC

New Delhi: The dead have a basic right to dignity under Article 21 of the Constitution, the Bombay High Court highlighted on Tuesday, while expressing its concern with the scarcity of burial grounds in suburban Mumbai.

 

The lackadaisical attitude of the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) in this respect miffed the division bench comprising Chief Justice Devendra Kumar Upadhya and Justice Arif Doctor.

 

“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? 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 stated.

 

The Court was hearing a public interest litigation (PIL) case seeking additional burial grounds for people in Mumbai's eastern suburbs.

 

The High Court highlighted that finding adequate burial grounds is the most pressing issue for a Municipal body or the state.

 

“Under the law, there is a duty cast upon the municipal commissioner to provide an appropriate place for disposal of the dead. It is mandatory for the commissioner to find another place,” the bench stated.

 

Advocate Altaf Khan for the petitioners stated that burial grounds assigned to residents in Deonar and Rafiq Nagar were closed because the bodies were not decomposing.

 

The court ordered the State Urban Development Department to explain why the Deonar burial ground had not been allotted for the construction of an additional cemetery.

 

The Court also requested an affidavit outlining the steps that the State and civic authorities were taking to guarantee appropriate space for the dignified last rites of the dead.

 

On September 5, the PIL will be heard again.



Tagged: fundamental right  
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