A recent case before the Madras High Court has sparked a debate on the permissibility of burying the deceased in places not designated as burial grounds. The court has referred the matter to a larger bench for consideration, highlighting conflicting interpretations of the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999. The decision holds significance as it may determine whether burials can occur outside licensed or designated burial sites.

In a significant legal development, the Madras High Court has raised a crucial question regarding the burial of the deceased at locations other than designated burial sites. The issue came to light during a hearing on a petition filed by Jagadheeswari, challenging an order to exhume and relocate her late husband's remains from a privately owned plot to a designated burial ground.

Previously, a single bench of the Madras High Court, led by Justice M Dhandapani, had ruled that burying the dead in non-designated areas was impermissible. Consequently, the court had ordered the exhumation and reburial of the deceased's body at a designated site.

However, Jagadheeswari's counsel, advocate NGR Prasad, argued before a division bench, comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu, that the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, and the Tamil Nadu Panchayats Act, 1994 did not explicitly prohibit burials outside licensed or designated burial grounds.

To support this contention, Prasad cited a previous order from October 2022 by a division bench in the case of P Muthusamy v The District Collector. In that case, the Madras High Court had ruled that there was no legal restriction on burials in locations other than designated sites.

Challenging this interpretation, senior counsel V Raghavachari, representing BB Naidu, the original petitioner before the single bench, argued that the 1999 Rules, particularly Rule 5 in conjunction with Rule 7, clearly indicated that burials should occur solely at licensed or designated burial grounds. Raghavachari also cited relevant case-law from the Madras High Court and the Kerala High Court to support his argument.

Considering the conflicting opinions, Chief Justice Gangapurwala's bench concluded that the issue necessitated deliberation by a larger bench. The court noted that the previous division bench ruling in P Muthusamy's case did not specifically address Rules 5 and 4 of the 1999 Rules, despite extensively interpreting Rule 7. Thus, the court determined that the interpretation in the earlier case required reconsideration.

Consequently, the Madras High Court framed the question for the larger bench as follows: "Whether, under the Rules of 1999, the burial can take place at a place other than the designated land, more particularly when the designated land exists in the village?"

The outcome of this referral to the larger bench will have significant implications, as it will determine whether burials can occur in locations not officially designated as burial grounds. This legal debate underscores the need for clarity regarding the interpretation and application of the relevant rules, and the final decision will likely shape future practices surrounding burials in Tamil Nadu.