Meghalaya High Court Directs State To Obtain Approvals To Construct Electric Hybrid Crematoriums

The Meghalaya High Court recently directed the State Government to obtain necessary approvals within four weeks, regarding construction of electric hybrid crematoria at Shillong, Tura, Jowai and Nongpoh.

The said direction was passed by a division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh in a PIL concerning setting up of crematoria to cremate the indigenous Khasi, Jaintia and Hindu persons.

The Court noted that the inhabitants belonging to the Khasi and Jaintia community as well as those embracing the Hindu religion cremate the dead.

“The number of crematoria in a substantial area of the State is small compared to the number of dead bodies to be disposed of and often the distance between two crematoria is very large. Furthermore, the Khasi and Jaintia people have expressed their unwillingness to share a crematorium with the Hindus, making the problem more acute,” the Court observed.

The Court vide its earlier order appointed an Amicus Curiae and directed him to sit with the District Magistrates so that these two communities be persuaded to share an existing crematorium.

During the hearing, the Amicus Curiae submitted that he had some meetings with government officials and further sought time to file a report.

“On hearing him, we understand that nothing concrete has taken place and only proposals at the initial stage have been mooted to these two communities to resolve the problem in the above way, as an interim measure,” the Court noted.

The Additional Advocate General filed a report before the Court dated March 27, which enumerates a few grandiose projects proposed to be undertaken by the government: to construct electric hybrid crematoria at New Shillong Township at a cost of Rs 5.53 crore, at Tura at a cost of Rs 4.69 crore, at Jowai at a cost of Rs 5.16 crore and Nongpoh at a cost of Rs 4.9 crore.

The report further states that administrative approval has been obtained but further approvals from other authorities like the Meghalaya State Pollution Control Board are awaited. The scheduled time of completion is 24 months from the date of sanction.

The Court observed that From this averment, it is clear that the date from which these crematoria will be operational is very very uncertain.

However, it highlighted that the report also mentions completed projects i.e. scientific crematorium (eco-friendly) for Seng Khasi at Syllei-Iawkein, Nongstoin, Khlieh Tyrshi village, Jowai and Jhalupara in Shillong.

“As far as the new projects are concerned, the State government is directed to obtain necessary approvals within four weeks from date. The approving authorities shall act accordingly. It shall also indicate the progress of the project in the form of a report at the next hearing of this PIL,” the Court directed.

The Court further directed that the Amicus Curiae shall hold meetings with the District Magistrates and representatives of the above communities so that they are persuaded to share crematoria on such terms as may be set by the District Magistrates acting in consultation with the Amicus Curiae.

The matter is again listed on May 8.

Case Title: Re-Seng Khasi Hima Crematorium v. State of Meghalaya

Case No.: PIL No. 10/2023

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