Death is the greatest equalizer; duty of State to provide burial and cremation facilities: Bombay High Court

The Goa Bench of the Bombay High Court recently ordered State authorities to construct a Kabristan (burial ground) for the Muslim community in Sonsodo, Margao, 11 years after land was acquired for the same [Muzaffar Mazoor Kadri v. State of Goa]..A Division Bench of Justices Mahesh Sonak and Bharat Deshpande said the authorities have a constitutional obligation to provide burial grounds and cemeteries to all communities."There is a duty cast upon the local authorities and the State to provide reasonable facilities for the burial and cremation of the departed. These are primary duties. These are essential duties. These duties cannot be delayed or denied. At least in discharging these duties, there ought to be no red tape or sustained inaction. In particular, there ought to be not even a hint of discrimination," the Bench observed. .It went on to add,"Death, they say, is the greatest equalizer, for it levels all distinctions. Therefore, without apportioning blame upon any particular entity or agency, we would fail if we were not to say that there is a failure of Legal and Constitutional duty in not providing a Kabrasthan after the completion of the acquisition process at Sonsodo almost 11 years ago.".The Court was hearing a public interest litigation (PIL) highlighting the fact that the State had passed a resolution in the late 1990's to allot a feasible land at Sonsodo for a burial ground as the then existing Kabristan was not sufficient for the community and was allotted nearly 50 years ago. The site in question at Sonsodo was acquired in 2011. However, the Kabristan was not constructed owing to opposition from various quarters to the said allotment.The Bench noted that the Margao Municipal Corporation (MMC) had initially agreed to construct the burial ground at the site, but later took a U-turn from its stand citing financial constraints. The MMC was directed to cooperate with the other State instrumentalities who have been tasked to construct the Kabristan."Accordingly, it is only appropriate that the Public Works Department (PWD) and/or the Goa South Urban Development Authority (GSUDA) undertake and complete the works of construction and development of Kabristan at Sonsodo (acquired land) as expeditiously as possible and in any case within six months from today," the Court ordered..The Bench further emphasised that the obligation on authorities also stems from Article 21 of the Constitution of India, which mandates that fair and dignified treatment extends not only to the living, but also to the dead."We urge all the authorities and stakeholders to consider that this work of Kabristan at Sonsodo has been pending since 2011. Already, expenditure has been incurred through the public funds to acquire property at Sonsodo. The Muslim community is in dire need of sufficient space for its Kabristan," the order stated.The GSUDA was directed to file an affidavit on the progress made in constructing the Kabristan by November 29."If work does not commence or progress at the site by the said date for any reason. In that case, the Member Secretary must state the names of the persons responsible, failing which the responsibility shall be of the Member Secretary and the concerned Superintending Engineer of the P.W.D," the Court ordered..Advocates I Agha and K Morajkar appeared for the petitioner. Advocate General D Pangam along with Additional Government Advocate Maria Correia represented the State..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.