Today, the Bombay High Court, while addressing the shortage of burial grounds in suburban Mumbai, mentioned that the fundamental right to dignity under Article 21 of the Constitution extends to the deceased as well.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor expressed displeasure at the indifferent approach of the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) concerning this matter.

“You need to take care of the dead as much as the alive. They have a right under Article 21 of the Constitution to be buried with dignity. If dead bodies are coming up, can you understand what it means? Such lackadaisical attitude in this matter, both by BMC and the State cannot be condoned. Do you need court orders in such matters? This should have been done by you. You should have been alive to such issues,” the Court said.

In the said matter, the Court was hearing a PIL petition seeking additional burial grounds for people in the eastern suburbs of Mumbai. 

During the hearing today, the bench mentioned that there cannot be any engagement more urgent than finding appropriate space for burial for the State and BMC.

“Under the law, there is a duty cast upon the municipal commissioner to provide an appropriate place for disposal of the dead. It is mandatory for the commissioner to find another place,” the bench said.

The bench directed the State Urban Development Department to give reasons as to why the Deonar burial ground had not been allotted for construction of an additional cemetery. 

The next date of the hearing is on 5th September.