Right to dignified death, cremation fundamental right, says Chhattisgarh HC

RAIPUR: Chhattisgarh High Court has termed right to a dignified death and cremation an intrinsic part of the fundamental right to life enshrined under Article 21 of the Constitution . The observation came Monday in response to a PIL registered suo motu by division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru over poor state of Muktidham (cremation ground) in Bilaspur’s Rahngi gram panchayat . The pronouncement followed the CJ’s visit to the site for a funeral on Sept 28 when he found the facility in a “pathetic condition”.

The bench said a body “deserves a respectable send-off” and the State had a constitutional obligation to provide decent conditions at public funeral facilities. Failure to do so amounted to an abdication of duty. The CJ found several glaring deficiencies, including absence of fencing to demarcate the area, lack of proper road, no sanitation, lighting, shed, or seating for mourners and absence of caretaker, signboard, or helpline.

The bench issued an 11-point directive and asked administration to immediately undertake corrective measures, including comprehensive cleaning drives at all cremation/funeral grounds, fencing, installation of water, electricity, toilets, shelters, and seating, provision of firewood/LPG, and functional electric/gas crematoria. HC asked panchayat and social welfare department secretary, chief secretary, and Bilaspur collector to file personal affidavits on state’s roadmap for improving cremation grounds. Next hearing is on Oct 13.