Meghalaya High Court Enlarges Scope Of PIL Seeking To Ensure Adequate Cremation Facilities To Include Setting Up Of Cemeteries For Christians

The Meghalaya High Court on Thursday (May 8) enlarged the scope of PIL concerning setting up of crematoria to cremate the indigenous Khasi, Jaintia and Hindu persons, to include the Christian community after taking judicial notice of information that various denominations of the Christian faith are facing difficulty in burying their dead.

The division bench comprising the Chief Justice I. P. Mukerji and Justice W. Diengdoh observed:

“This Court also takes judicial notice of the information it has received that various denominations of the Christian faith are also facing similar difficulties in burying their dead in cemeteries. A cemetery controlled by one denomination is not allowing dead bodies of persons belonging to another denominations to be interred in the same cemetery. The result is that in various regions of the State, a long distance has to be covered by members of the bereaved family to perform the last rites of the dead. There is also similar need for sharing of cemetery and for allocation of new areas to be used as cemeteries for the Christian community.We enlarge the scope of this PIL to include the Christian community also.”

Earlier, the Court vide its order dated April 8, directed the State Government to obtain necessary approvals, regarding construction of electric hybrid crematoria at Shillong, Tura, Jowai and Nongpoh to cremate indigenous Khasi, Jaintia and Hindu persons.

The Court vide its earlier order appointed an Amicus Curiae and directed him to sit with the District Magistrates so that these two communities be persuaded to share an existing crematorium.

During the hearing on May 8, the Amicus Curiae filed a report and submitted that after holding meetings with the aforesaid persons, a way has been found for members of the Khasi and Jaintia communities to share a crematorium amicably with their Hindu brethren by allocation of separate portions of a crematorium to each of these communities and by grant of right to each community to erect a separate pyre in a designated part of a crematorium for cremating their dead.

The Court noted that various denominations of the Christian faith are also facing similar difficulties in burying their dead in cemeteries. Thus, the Court enlarged the scope of the PIL to include the Christian community too.

“The three District Councils namely, the Khasi Hills Autonomous District Council, Jaintia Hills Autonomous District Council and Garo Hills Autonomous District Council are hereby made party respondents. Advocate on-Record for the petitioner will make the necessary amendment in the cause title by 15th May, 2025. The Registrar General of this Court will transmit copies of the writ petition to the Chairman of each of these Councils,” the Court said.

The Court directed the Amicus Curiae to hold similar meetings with the concerned District Magistrates and members of the community to resolve the problem faced by the Christian community and file a report.

The State was also directed to file a report to indicate whether it has any existing or contemplated proposal of increasing the number of cemeteries for members of the Christian community.

The matter is listed again on June 12.

Case Title: Re-Seng Khasi Hima Crematorium v. State of Meghalaya

Case No.: PIL No. 10/2023

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