Isha doing 'pious work': SC urges mediation to settle row over gas crematoriums

The Supreme Court on Thursday heard a Special Leave Petition (SLP) filed by an individual challenging the modern gas crematorium established at the Isha Yoga Center in Coimbatore, in a matter earlier dismissed by the Madras High Court.

During the hearing, the Chief Justice of India described Isha’s service as “pious work” and suggested that an arrangement regarding alternate land to the petitioner could be mediated between the parties.

The Supreme Court noted that the petitioner had already sold part of his land to Isha Foundation but contended that the sale was not intended for constructing a crematorium. The bench advised both sides to hold discussions and explore an amicable settlement regarding the adjoining land, and both parties agreed to resolve the matter through negotiations.

During the hearing, Advocate Prashant Bhushan, representing the petitioner, argued that the crematorium was causing a nuisance, with bodies being cremated daily over the past couple of weeks, and violated local rules prohibiting crematoriums or burial grounds near a dwelling or water body without a Gram Panchayat license. He also highlighted that the petitioner’s house is in a tribal area where burial, rather than cremation, is the customary practice, and that the bodies brought to the crematorium were from Coimbatore city, around 30 km away.

The apex court appointed retired Madras High Court judge Rajendran as mediator for this purpose.

The Madras High Court had earlier dismissed the case, observing that “the petitioner has no legal grounds. The gasifier crematorium has been built with proper panchayat permission and within the rules. Furthermore, the construction of a crematorium, especially a gas crematorium, serves the society; it cannot be called against public interest.”

The foundation stated that residents from over five village panchayats surrounding the Isha Yoga Center had requested authorities to establish a crematorium in the area. It said the Isha Foundation subsequently set up the modern gasifier crematorium after securing panchayat approval and necessary clearances from the concerned government departments, including the Tamil Nadu Pollution Control Board.

Isha Foundation said that it has been operating and maintaining crematoriums across Tamil Nadu since 2010 with the objective of providing “Dignity in Death”. It currently maintains 30 crematoriums in areas including Chennai’s Besant Nagar, Coimbatore, Neyveli, Vellore and Thanjavur.

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