The High Court of Chhattisgarh has initiated a suo motu public interest litigation after the Chief Justice observed the “pathetic condition” of a cremation ground, stating that the fundamental right to a dignified death under Article 21 of the Constitution includes the right to a respectable cremation in a pacifying ambiance. A division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru issued a series of comprehensive directions to the State of Chhattisgarh for the immediate and long-term improvement of all funeral grounds.
In a significant move, Chief Justice Ramesh Sinha took this step even during the High Court’s Navratri vacation, underscoring the urgency of the matter.
The matter was registered as a suo motu PIL after the Chief Justice attended a funeral at the Muktidham (funeral place) in Rahngi Gram Panchayat and found it to be lacking even bare minimal facilities. The Court directed top state officials, including the Chief Secretary, to file personal affidavits outlining the government’s “road-map or vision” for the betterment of cremation grounds.
Background of the Case
The High Court took cognizance of the issue after the Chief Justice’s personal visit to the Muktidham at Rahngi. The order sheet dated September 29, 2025, records the specific deficiencies observed, which prompted the registration of WPPIL No. 90 of 2025. The Court noted:
- An absence of a boundary wall or fencing to demarcate the area for cremation or burial.
- The lack of a proper approach road, with the existing path being “full of ditches” and filled with water, making access a “tiresome job.”
- The area was overgrown with bushes and shrubs, creating a “safe haven for the snakes and other poisonous insects.”
- A “complete lack of cleaning,” with discarded articles, polythene bags, and liquor bottles strewn across the premises and no garbage bins available.
- No lighting facilities, no shed or seating for mourners, forcing them to stand under the open sky for long hours in all weather conditions.
- The absence of any authorised caretaker or a signboard with contact numbers for assistance.
- A lack of toilet facilities.
- The “highly inappropriate” existence of a solid and wet waste management shed within the Muktidham premises.
Court’s Analysis and Observations
The bench asserted that the right to a dignified send-off is an integral part of fundamental rights. The Court observed, “When a person leaves for heavenly abode, his body deserves a respectable seeoff. A dead body is not an object which can be disposed in an inhuman manner. Sentiments are attached with the person who had expired and hence, any family members/ relatives etc. would definitely like to bid an adieu in a respectful manner and in a pacifying ambiance.”
The judgment emphasised the government’s duty in this regard, stating, “It is the constitutional obligation of the State to ensure decent and sanitary conditions in such public facilities, and the failure to do so is an abdication of its duty under the Constitution, the Municipal Acts, and various environmental and public health laws.”
The Court also took judicial notice that this was not an isolated issue, noting, “It has been brought to the notice that such situation exists almost in the entire State, especially when the said Muktidham falls under a Gram Panchayat or rural areas and the cremation ground (Muktidham) is the place which is given the least priority.”
Directions Issued by the Court
To address the systemic neglect, the High Court issued eleven specific measures for the State, District, and Local administrations to implement. These include:
- Immediate Clean-up Operation: A comprehensive cleaning and sanitation drive to remove garbage, weeds, and stagnant water.
- Infrastructure Repairs: Priority repair or reconstruction of broken platforms, pathways, sheds, and boundary walls.
- Water & Electricity: Installation or restoration of functional water taps and lighting.
- Shelter and Seating: Construction of a covered shelter with seating for families.
- Toilets and Waste Management: Provision of at least two clean, gender-segregated toilets and daily clearance of waste bins.
- Cremation Infrastructure: Ensuring availability of adequate firewood or LPG, functional electric/gas crematoriums, and a designated area for the disposal of ashes in compliance with pollution norms.
- Staff Appointment: Deployment of at least two sanitation workers, one caretaker, and a Nodal Officer at the district level to monitor all cremation grounds.
- Record Maintenance: A register for all cremations/burials and a displayed helpline number for grievance redressal.
- Regular Monitoring: Constitution of a District Magistrate-led committee to inspect grounds at regular intervals.
- Budget Allocation: Ensuring adequate funds for the maintenance and upgradation of all funeral grounds.
- Standard Guidelines: Framing of minimum standard guidelines for the betterment of funeral grounds.
Orders and Next Hearing
Mr. Shashank Thakur, Deputy Advocate General, appearing for the state respondents, informed the court that district authorities would be visiting the site on the same day. Upon his submission, the Court directed the Registry to implead the Secretary of the Panchayat and Social Welfare Department as a party respondent.
The Court has directed the Chief Secretary, the Secretary of the Panchayat and Social Welfare Department, and the District Collector of Bilaspur to file their respective personal affidavits on the issue. The matter is scheduled to be heard again on October 13, 2025.
