Court emphasizes need for legislative action to ensure public safety amid rising incidents of disorderly funeral processions.
In a significant ruling on April 20, 2026, the Madurai Bench of the Madras High Court dismissed an anticipatory bail plea filed by K. Shankar and others, involved in a case of public disorder during a funeral procession. The Court, led by Justice K.K. Ramakrishnan, emphasized the necessity of custodial interrogation to facilitate a thorough investigation into the allegations of blocking a public bus carrying girl students, abusing the occupants, and assaulting the driver.
The incident, which occurred on March 5, 2026, near Alangulam Village, involved the accused allegedly under the influence of alcohol, causing damage to the vehicle and intimidating the students. The Court observed that such conduct during a funeral procession cannot be trivialized as it poses significant risks to public safety and order. Consequently, the Court denied the petitioners' request for anticipatory bail, underscoring the severity of the allegations.
Furthermore, the Court highlighted the increasing frequency of unruly behavior during funeral processions, which often disrupts public peace and safety. Recognizing the right to conduct funeral rites as part of the fundamental right to life under Article 21 of the Indian Constitution, the Court noted that this right is subject to reasonable restrictions in the interest of public order.
In light of these concerns, Justice Ramakrishnan directed the Chief Secretary of the Government to assess the need for enacting legislation that incorporates both regulatory and penal provisions to govern funeral processions effectively. The Court instructed that a report on the feasibility and necessity of such legislation be submitted by July 31, 2026, to ensure public safety without impeding the fundamental right to perform last rites.
The decision comes in the backdrop of similar concerns raised in previous proceedings, where the lack of a comprehensive statutory framework to manage funeral processions was noted. The Court's directive aims to address these issues proactively, ensuring that public safety is prioritized while respecting cultural practices.
Bottom Line:
Funeral processions must not endanger public safety or indulge in acts of violence or disorder. Court directs the Chief Secretary to examine the necessity of enacting suitable legislation with regulatory and penal provisions for governing funeral processions.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 329(3), 296(b), 115(2), 133, 351(2), Constitution of India, 1950 Article 21
K. Shankar v. State, (Madras)(Madurai Bench) : Law Finder Doc id # 2887163
