Deceased Have Fundamental Right To Be Buried With Dignity: Bombay HC

The Bombay High Court has recently stated that deceased persons have a fundamental right under the Constitution to be buried with dignity.

The plea highlighted the lack of appropriate burial grounds within the eastern suburbs of the city.

A bench comprising Chief Justice DK Upadhyaya and Justice Arif Doctor slammed the Brihanmumbai Municipal Corporation and the Maharashtra government for their lackadaisical attitude in the matter.

Bench heard a petition filed by Govandi residents Shamsher Ahmed, Abdul Rehman Shah and Shamsher Ahmed seeking the additional burial grounds in the east suburbs.

The bench stated, “Under the law, there is a duty cast upon the municipal commissioner to provide an appropriate place for disposal of the dead. It is mandatory for the commissioner to find another place.”

Further, the court stated, “You need to take care of the dead as much as the alive”.

The bench stated while pulling up the civic body, “They have a right under Article 21 of the Constitution to be buried with dignity. If dead bodies are coming up, can you understand what it means? Do you need court orders in such matters? This should have been done by you. You should have been alive to such issues.”

The court stated that, such lackadaisical attitude in this matter, both by the state government and BMC, can’t be condoned.

The next hearing in this matter is scheduled on September 5.