"If there is a death in family, is it State's responsibility?" Allahabad High Court rejects plea to dispose dead bodies lying on banks of Ganga

The Allahabad High Court on Friday dismissed a public interest litigation (PIL) petition seeking directions to State authorities to dispose of dead bodies lying on the banks of Ganga in Prayagraj.

. A Bench of Chief Justice Sanjay Yadav and Justice Prakash Padia turned down the argument of the petitioner that it is the responsibility of state to perform cremation according to religious rites and dispose of the dead bodies in a dignified manner.

"Why should the State do that? If there is a death in a family, is it state's responsibility," the Court asked.

. The Court also questioned the bona fides of the petitioner, stating that the plea was more in the nature of a publicity interest litigation than in public interest.

The Court further demanded if the petitioner has contributed personally to the cause by identifying any of the dead bodies and giving them a decent burial.

" What is your personal contribution to the cause you are raising, tell us if you dug out and cremated bodies, " the Court asked.

. It then proceeded to berate the petitioner for approaching the Court under the guise of PIL without having done proper research.

The Court dismissed the petition, remarking that it is inclined to impose heavy costs on such petitions.

" You know we won't allow such types of petitions, merely for the sake of it. Please show some contribution otherwise we may impose a heavy cost because these are not public interest litigation, but publicity interest litigation, " the Court said.

. The petition was moved by advocate Pranvesh seeking the following reliefs:

(a) I ssue a writ, order or direction in the nature of mandamus directing and commanding the respondents to perform the cremation according to religious rites and dispose the dead bodies buried near Ganga River at different ghats in Allahabad as early as possible.

(b) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to prevent/stop the burial of dead bodies near Holy River Ganga.

. The Court on Friday questioned the petitioner as to how he has contributed to this public interest cause.

"If you are a public-spirited person, tell us how many bodies you have been able to identify and give them decent burial or cremation."

"I have personally visited these places and the situation is very bad," Pranvesh replied.

The Court said that everyone has visited these ghats and someone or the other has lost a near and dear one.

"You better do some research and withdraw, we are not entertaining such petitions. We are not interested in heavy words and adjectives. There are ground realities you have not examined," the Court said.

. In the supplementary affidavit, Pranvesh had brought on record an advisory issued by the National Human Rights Commission directing the State authorities to look into the matter of 'unclaimed dead bodies'

"You have not examined the ground realities, if you say that the NHRC has passed an order regarding this matter, go and complain to them. Please don't come to court seeking directions," the Court said.

. While parting, the Court said that it won't allow such types of petitions, merely for the sake of it.

. The Court, therefore, dismissed the petition while advising the petitioner to come back after doing proper research.

" We are of the view that the petitioner has not done any research regarding the rites and customs which are there amongst various communities living near Ganga. We allow him to withdraw and file again with some research work. "

"If there is a death in family, is it State's responsibility?" Allahabad High Court rejects plea to dispose dead bodies lying on banks of Ganga

Areeb Uddin Ahmed

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