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Judgment
Gradually, the scope of this public interest litigation (PIL) has been enlarged.
We observe in the order dated 22nd September, 2023 that the enquiry by the Court at that point of time was confined to, inter alia, cremation facilities in the major towns of Meghalaya. Now, it seems to be restricted to cremation facilities for members of the indigenous Khasi and Jaintia tribes who have not embraced Christianity and Hindus but extended throughout the State of Meghalaya.
Upon hearing learned AAG Mr. K. Khan and Dr. N. Mozika, learned Amicus Curiae appointed by this Court in this matter, the follow facts come to light.
Undoubtedly, the report dated 9th November, 2023 of the Directorate of Urban Affairs, Government of Meghalaya, mentions new electric hybrid crematoria which are proposed to be set up in New Shillong, Tura, Jowai and Nongpoh. It also enumerates sanctioned or completed projects at Syllei-Iawkein, Nongstoin, Khlieh Tyrshi village, Jowai, West Jaintia Hills and Jhalupara in Shillong. So, as of now, none is operational.
The problem which still persists is that there are many points or places in this State from which there are no crematoria within reasonable distance. The result is that the relatives of the dead are subject to the ordeal of carrying the dead body to long distances for cremation at considerable inconvenience and emotional distress. Secondly, although the indigenous Khasi and Jaintia cremate their dead bodies following more or less the same procedure as the Hindus, their rights and rituals accompanying the funeral are different and they want different crematorium for themselves. There may be quite a few who might have no objection to cremating their death along with the Hindus in the same crematorium.
Learned Amicus Curiae has indicated in some details, the task involved for him in terms of the earlier orders of this Court and seeks some enabling directions to help him to comply with this order and to file a report in this Court.
First of all, we direct that the learned Amicus Curiae be paid honorarium of Rs.50,000/- per month by the State with effect from 1st October, 2024. Further, all costs and expenses incurred by the said Amicus Curiae shall be borne by the State. Learned AAG will ensure that the necessary approval for payment of the above remuneration and charges is obtained from the State.
Dr. N. Mozika, learned Amicus Curiae will convene and hold an online meeting with all the District Magistrates or Deputy Commissioners of the twelve districts in the State, wherein inter alia, the District Magistrates will be asked to make a fact finding exercise through the BDO level and even lower and apprise the Amicus Curiae of any point or place in a particular district where a crematorium or a ground for cremation of the death is not available within 10 kilometers. While indicating whether the presence of the crematorium is within 10 kilometers from a particular point or place, the District Magistrate or the Deputy Commissioner shall also indicate the population density of that area.
The District Magistrate through the functionaries below him shall hold meetings with members of the Khasi, Jaintia and Hindu communities so as to persuade them to accept one crematorium or one place for cremation of the dead for all the communities. If necessary, the timing of cremation could be so arranged so that at a particular period of time only the dead bodies of a particular community are cremated and over other periods of time, cremation of the other communities is accomplished. Or the place for performance religious rituals can be segregated so that one area is allocated to one community and rest for the others. This data from the District Magistrate should contain block-wise details and suggestions. In case there is a difference of opinion between the two communities with regard to sharing a crematorium or a place for cremation or in relation to any another issue, the learned Amicus Curiae shall physically visit the district and the particular area so as to ensure as far as possible that the said communities agree on some common procedure for disposal of the death.
On the basis of the report received from learned Amicus Curiae, we propose to pass further directions in aid of this PIL. We request the learned Amicus Curiae to file a report by 28th February, 2025.
List the PIL on 4th March, 2025.