HC asks Govt to acquire common burial grounds  

Scope of PIL expanded looking at differences among Christian denominations 

Shillong, July 7: The Meghalaya High Court has expanded the scope of a public interest litigation (PIL) related to cremation grounds and ordered the state government to acquire land for common burial grounds.

While the PIL initially focused on crematorium facilities for Khasi, Jaintia, and Hindu communities, the High Court order on Monday paved the way for exploring ways of sharing cemeteries among Christian denominations.

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The court ordered constitution of a committee to be headed by chief secretary to facilitate meetings between stakeholders, including district councils, churches, administrative officers, and state legal counsel on the matter.

The committee will discuss land acquisition for common burial grounds and resolution of disputes regarding sharing cremation grounds.

There are very few common burial grounds compared to the number of dead and the demand for space for their interment, stated the order issued by the division bench comprising chief justice IP Mukerji and justice W Diengdoh.

“Villages or at least a significant number of them have community land belonging to the village people in common. A part of it may be gifted for common burial purpose,” it said.

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Admitting that substantial land is required across the districts for common burial purpose, the court said, “We direct that immediate steps be taken by the state government to acquire the required area of land for common burial purpose either by acquisition or private treaty.”

The amicus curiae of the court was directed to move the chief secretary so that a committee headed by the latter is constituted and arrange meetings between all stakeholders, including representatives of district councils, churches/religious orders, administrative officers, etc.

The order was also passed after taking into consideration the meetings held between the amicus curiae and the public authorities.

“The result of these meetings appears to be that some Christian denominations, through churches and other religious orders, own private cemeteries. Those denominations having private cemeteries are reluctant to share their cemeteries with other denominations. They have no objection to sharing cemeteries which are acquired by the government or public authority and designated for common burial for all communities irrespective of faith,” the bench stated.

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The PIL was initially filed to address the shortage of crematoria and reluctance among Khasi-Jaintia and Hindu communities to share cremation facilities.

After some settlement was reached between these communities, the court discovered similar disputes among Christian denominations over cemetery sharing, prompting an expansion of the PIL’s scope.

The court also directed the amicus curiae to file a report containing minutes of the meeting and asked the state government will also pay Rs 1 lakh as ad hoc remuneration to the amicus curiae by July 30.

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