High Court opined for a common crematorium for Khasi-Jaintia community and Hindu community

Syllad | The Rising MeghalayaOctober 26, 2024

The High Court of Meghalaya has opined for a common crematorium for the Khasi-Jaintia community who are following their respective indigenous religious faith and the Hindu community.

The Court passed its opinion during the hearing of Public Interest Litigation in respect Re-Seng Khasi Hima Crematorium Vs. State of Meghalaya

The Court said 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.

The Court directed Dr. N Mozika, learned Amicus Curiae appointed by the Court to convene and hold an online meeting with all the District Magistrates or Deputy Commissioners of the twelve districts in the State. 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.

The Court directed 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 Court said 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.

The Court said that 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 other 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.

The Public Interest Litigation was filed for addressing the issue of cremation facilities in the major towns of Meghalaya.

The Court viewed that 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.

During the hearing, the Court said that the Directorate of Urban Affairs, Government of Meghalaya, mentioned new electric hybrid crematoria which are proposed to be set up in New Shillong, Tura, Jowai and Nongpoh.

The Department also enumerates sanctioned or completed projects at Syllei-lawkein, Nongstoin, Khliehtyrshi village, Jowai, West Jaintia Hills and Jhalupara in Shillong. So, as of now, none is operational.

The Court directed that the learned Amicus Curiae be paid honorarium of Rs.50,000/- per month by the State Government with effect from October, 2024.

Further, all costs and expenses incurred by the said Amicus Curiae shall be borne by the State. The AAG will ensure that the necessary approval for payment of the above remuneration and charges is obtained from the State.

The Court said on the basis of the report received from learned Amicus Curiae, “we propose to pass further directions in aid of this PIL” and the Court requested the Amicus Curiae to file a report by 20 February, 2025 and listed the PIL on 4 th March, 2025.