“No Burials Anywhere Except Designated Areas”: Karnataka High Court On Illegal Burial On Private Premises

The Karnataka High Court on Monday observed that without permission, nobody can be buried anywhere except in designated areas (burial ground).

A single judge, Justice Suraj Govindaraj, said, “This is a sensitive issue, if you allow this to happen which you allowed, it would result in a law and order issue...It is not a simple question of one body buried. It would have vast repercussions.”

The court made these observations while hearing a petition filed by H. Gopala Gowda, challenging an endorsement dated 25/06/2025 passed by the 4th respondent (Assistant Commissioner, Revenue Department, Kollar Sub-Division) rejecting his representation to exhume the illegally buried body of his daughter-in-law buried in his house and to dispose of it in accordance with law.

During the hearing, the government advocate submitted that this is a special case with allegations of dowry harassment and the deceased is the daughter-in-law of the petitioner, but sought time to file detailed objections.

The court said, “That does not allow any person to bury a body in any place other than that which is designated. If we accept your submission then tomorrow in some murder case also....”

It added, “Understand the implications; either it could be a criminal act or somebody else can bury somebody else's body in someone else's property, if you allow this. It has to be in a designated place, burial ground, cremation in that place—nobody can be cremated in a place other than designated. If it is to be buried or cremated within one's own property, permission would have to be taken.”

The plea states that the petitioner's son and the deceased had married, but due to differences, they were living separately and matrimonial proceedings were ongoing. During that time, the deceased allegedly committed suicide at her parents' home, 25 kms away from the petitioner's house, and her mother filed a criminal complaint.

On August 24, 2024, the deceased's brother and sister, with relatives and support of Mahila Sanghatana, allegedly trespassed into the petitioner's premises and buried the body there without his knowledge or consent.

On 01/09/2024, they allegedly built a tomb in the petitioner's premises without his permission.

The plea states that the Assistant Commissioner's order violates Section 95 of the Karnataka Gram Swaraj and Panchayathraj Act, which bars burial, burning, or disposal of a corpse within 100 meters of a dwelling or water source, except in registered or licensed places.

The court has posted the matter for further hearing on December 2.

Case Title: H Gopala Gowda AND State of Karnataka & Others

Case No: WP 25746/2025

Appearance: Advocate Nishit Kumar Shetty for Petitioner.