“Little Or No Progress Made”: Meghalaya HC Displeased With State Over Delay In Resolving Crematoria Facility For Indigenous Communities

The Meghalaya High Court on Tuesday (March 4) expressed its displeasure regarding the progress made by the State Government in a PIL concerning setting up of crematoria to cremate the indigenous Khasi, Jaintia and Hindu persons.

“Their rights and rituals accompanying the funeral are different but the procedure for disposing of the dead body is the same, by cremation. The indigenous Khasi and Jaintia people are reluctant to share a crematorium with the Hindus,” the Court noted.

The division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh observed:

“There is no report in Court with regard to progress in terms of our earlier order. We are not at all pleased with this state of affairs.”

The Court was hearing a PIL instituted pursuant to a letter dated September 8, 2023 addressed by the Seng Khasi Hima Mawsynram, Mawsynram Syiemship to the Chief Justice of the Meghalaya High Court raising the issue of ensuring adequate cremation facilities for all the major communities in the State.

The Court noted that there is lack of adequate number of crematoria in a large area of the State, as a result of which, dead bodies have to be carried a long distance to be cremated.

In its earlier order dated October 25, 2024, the Court had directed the Amicus Curiae and the District Magistrate to sit with the two communities and convince them to agree to the proposal of their dead being cremated in one crematorium with different timings for cremation of members of different communities, if the need so arose.

In the said order, the Court noted that the government had proposed to set up new electric hybrid crematoria in New Shillong, Tura, Jowai and Nongpoh and sanctioned or completed projects at Syllei-Iawkein, Nongstoin, Khlieh Tyrshi village, Jowai, West Jaintia Hills and Jhalupara in Shillong. But, none was functional.

During the hearing on March 4, the Court observed that until now, little or no progress has been made.

The Deputy Solicitor General of India (Amicus Curiae) prayed for his discharge from the matter. Accordingly, the Court discharged him and appointd Advocate N. Syngkon as Amicus Curiae on the same terms and conditions including honorarium with effect from March 4.

“We direct the District Magistrate to immediately comply with our order dated 25th October, 2024 within four weeks from date. The newly appointed Amicus Curiae shall collaborate with the District Magistrate in terms of our order dated 25th October, 2024,” the Court said.

The matter is listed again on April 8.

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

Case No.:PIL No. 10/2023

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