Overview
The Bombay High Court recently affirmed the right of deceased individuals to be afforded decent and respectful last rites, highlighting it as a fundamental aspect of human dignity. This ruling came in response to a public interest litigation (PIL) concerning the lack of adequate burial spaces in Mumbai.
Judicial Observations
A bench comprising Chief Justice DK Upadhyay and Justice Amit Borkar emphasized that the right to decent last rites is as critical as any other right available to a person when alive. The Court stressed that the Municipal Corporation of Greater Mumbai has a statutory duty to provide adequate burial grounds.
Case Background
The case was initiated by the Faizan E-Gaus-O-Raza Trust, which petitioned for more burial spaces due to a significant shortage. The Court was informed of potential sites at Deonar Colony, Rafi Nagar, and near Hindustan Petroleum Corporation Limited (HPCL). However, hurdles were encountered, particularly with the HPCL site, which had been transferred to a private party.
Court Directives
The Court directed the Municipal Corporation to expedite the process of identifying and making these sites available for public use. It criticized the authorities for their delay in depositing compensation for land acquisition and instructed the Municipal Commissioner to personally oversee the matter, ensuring compliance with the Court's orders.
Future Proceedings
The case will be heard next on June 21, by which time the Municipal Commissioner is expected to file a personal affidavit detailing the steps taken to secure the necessary burial grounds.
Legal Representation
The petitioners were represented by Senior Advocate Yusuf Muchhala, along with advocates Altaf Khan and Akash Mangalgi. The municipal authorities were represented by Senior Advocate Ram Apte and his team, while the State was represented by Additional Government Pleaders Abhay L. Patki and Atul Vanarse.
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