The Meghalaya High Court has directed the state government to acquire land for common burial purpose through acquisition or private treaty.
A division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh while hearing a Public Interest Litigation (PIL) also directed Amicus Curiae advocate N. Syngkon to ask the Chief Secretary to constitute a committee to implement the order.
The court said the committee to be headed by the Chief Secretary should comprise of stakeholders, representatives of the district councils, churches/religious orders, administrative officers, state legal counsel, local functionaries etc. The committee will hold meeting (s) for acquisition of land for common burial.
The court also stated that minutes of the meeting are to be recorded and contained in a report to be filed in this Court by the Amicus Curiae before the returnable date on July 30, 2025. “Considering the scope of this PIL, in the same meeting resolution of the dispute regarding sharing of cremation ground may also to be discussed and decision taken,” the court added.
The main issue was regarding dearth of crematoria and the lack of willingness of the two communities to share a particular crematorium.
The court said common burial grounds are very few in number compared to the number of dead and the demand for space for their interment (burial).
It pointed out that at least a significant number of villages have community land belonging to the village people “A part of it may be gifted for common burial purpose. However, substantial land is required across the districts for the above common burial purpose, if any progress is to be made towards solving this problem. These lands need to be acquired by the government through the land acquisition machinery or through private sale or treaty,” the High Court observed.
