Chhattisgarh High Court Orders Immediate Overhaul of Cremation Facilities in Suo Moto PIL
State's Duty to Ensure Dignified Cremation Highlighted; Directions Issued for Comprehensive Improvements
In a significant ruling, the Chhattisgarh High Court has issued directives to the State Government and local authorities for the immediate improvement of cremation facilities across the state. Acting on a Suo Moto Public Interest Litigation, the court highlighted the pathetic condition of Muktidham, a cremation ground in Rahngi Gram Panchayat, which was found lacking basic amenities during a visit by Chief Justice Ramesh Sinha.
The court emphasized that under Article 21 of the Constitution of India, the right to a dignified death and cremation is a fundamental right. It asserted that it is the constitutional obligation of the State to ensure sanitary and decent conditions at cremation grounds, failing which amounts to a breach of the State's constitutional and legal duties.
The judgment came after the court observed several deficiencies at the Muktidham site, including the absence of essential facilities like a boundary wall, approach road, lighting, toilets, and waste management systems. The site was reportedly overrun with bushes and stagnant water, posing health risks due to snakes and other pests.
The bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru issued a comprehensive list of directions for the State Administration, District Administration, and local bodies. These include a clean-up operation, infrastructure repairs, provision of water and electricity, construction of shelters and seating, installation of toilets, and establishment of waste management systems.
Additionally, the court ordered the appointment of dedicated staff, regular monitoring, and budget allocation for the maintenance and upgradation of all cremation grounds in both urban and rural areas. The judgment further instructed the State to develop standard guidelines for the betterment of funeral grounds.
Deputy Advocate General Mr. Shashank Thakur assured the court of immediate action, with District Administration officials set to visit the Muktidham site. The court has impleaded the Secretary of the Panchayat and Social Welfare Department as a party to the petition and directed the submission of personal affidavits detailing the State's vision for the improvement of cremation facilities.
The matter is scheduled for the next hearing on October 13, 2025, where further updates and compliance reports are expected.
Bottom Line:
Fundamental rights under Article 21 of the Constitution of India include the right to a dignified death and cremation. It is the constitutional obligation of the State to ensure decent and sanitary conditions at cremation grounds, and failure to do so is an abdication of its duty under the Constitution, Municipal Acts, and public health laws.
Statutory provision(s): Article 21 of the Constitution of India, Municipal Acts, Environmental and Public Health Laws
In Matter of Suo Moto v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2785861
