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The Madras High Court last week observed that the right to life includes the right to a decent burial or cremation and that the state has an obligation to ensure that members of all communities have access to burial/cremation facilities. In Madhuravalli Village in Thittakudi Taluk, Cuddalore District, Venkatesan complained that the State Administration had failed to provide a burial ground or cremation area for his community. The petitioner contended that, with the exception of members of his community, all other communities are permitted to bury their dead at the common burial ground. As a result, it was argued, members of his community were being subjected to great hardship because they were forced to bury their dead at an adjacent waterbody. It was also stated that multiple representations had been submitted to the official respondents, but no action had been taken.
A statement was made to the formal respondents to allot a small portion of land in the survey numbers for use by members of the petitioner's community. According to the representation made by the petitioner on March 1, 2021, respondents are directed to take appropriate action to allow a small portion of land in the corner of the common burial ground situated in Survey Nos.80, 79/11, and 82 in Madhuravalli village for the burial of our people.
As a result, the Court directed the District Collector, Cuddalore District, to recognize the petitioner's representation submitted on behalf of all members of the community and to dispose of it by a reasoned order within eight weeks. The Madras High Court issued a notice to the state last year on the issue of the right to burial being guaranteed under Article 21 after a news item aired last year about how the burial of a doctor who died of a heart attack, his ongoing health problems exacerbated by COVID infection, sparked mass opposition, resulting in a law-and-order situation.
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