Denying burial ground access to marginalised is criminal offence: Madras HC

Chennai: Denying a person from a marginalised community access to public burial or cremation grounds is a criminal offence, Madras high court has said. It is a form of untouchability, which was declared unconstitutional under Article 17 of the Constitution, the court added."The great religions that bore sway in this country always respected the dignity of the dead. The practices of Hinduism, governed by ‘Dharmasastras', established specific rules for the ‘shmashana' area. The Sharia also has specific rules dealing with burial grounds. Both these religious systems emphasised the dignity of the dead," Justice V Lakshminarayanan said.
The aforesaid principles received recognition through the judgments of the Supreme Court and this court. Not only are the living entitled to live with dignity, but the dead too are entitled to a dignified burial, the judge added.The court made the observations while dismissing pleas moved by a resident of Karumandisellipalayam village, Perundurai, Erode, seeking direction to the Erode district administration to take immediate measures to prevent any illegal burying or cremating of dead bodies on the land situated in the village.Meanwhile, another person from the village moved the court seeking action against persons who uprooted trees and levelled the burial ground in the village. During the course of the hearing, it came to light that the graves of persons belonging to the scheduled castes were levelled illegally. Recording the same, the court directed the district collector to ensure the burial ground or crematorium was segregated and properly fenced, and to maintain the burial ground free from any encroachment or dumping of rubbish.The collector shall also direct the tahsildar and revenue divisional officer concerned to take immediate action on the resolution passed by the Karumandiselli Palayam (Special Grade) Town Panchayat with full vigour, and ensure that the lands being used as a burial ground are excluded from the revenue classification as ‘govt poramboke and cart track'.