Delhi High Court Closes Pleas Seeking Dignified Burial/ Cremation Of Dead Bodies Amid COVID-19 Pandemic

The Delhi High Court on Tuesday disposed of a batch of petitions filed amid the surge in cases relating to COVID-19, seeking directions for dignified burial or cremation of dead bodies.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad took note of the detailed status report filed by the local bodies, indicating the steps taken for increasing the number of crematoriums and burial grounds in the city.

The Court noted that as per the status report, while the pandemic like situation is not in existence anymore, the Municipal Corporation of Delhi has not received any complaint of any kind in respect of lack of facility to cremate or bury an individual.

The status report also said that the corporation shall be taking all appropriate steps in case such a complaint is received and that the matter will be taken up at priority.

According to the status report, as many as 49 cremation grounds, six burial grounds, five infant burial grounds, two cemetery and three green cremation system were in existence presently in the city.

The Court was also informed that tenders are being floated for creation of four CNG cremation grounds and that steps for completion of the same will be taken at the earliest.

"This Court, after careful consideration of the matter and also pursuing the status reports filed from time to time, is of the opinion that no further orders are required in the petitions. The same accordingly stands disposed of," the Court thus ordered.

One of the petitions filed by Advocate Pratyush Prasanna against the Delhi Government, Union of India, National Disaster Management Authority and others sought right to die with dignity for Covid casualties. The petition was filed on May 1 last year, when the second wave of Covid-19 was at its peak. Notices on the plea were issued on May 4, 2021.

Prasanna had claimed that during the second wave, Delhi had turned into a "graveyard" and given the lack of burial/ cremation grounds, people were being deprived of performing last rites and rituals of their loved ones. He highlighted that crematoriums at various places in Delhi were stretched to maximum and therefore sought directions for increasing the number of mortuaries, crematoriums across Delhi. He also sought alternative arrangements by converting parks, fields, stadiums etc. as cremation site.

Another plea, filed by one Jaswinder Singh Jolly through Advocates Naginder Benipal and Harpreet Singh Hora also sought designation of additional cremation grounds. The cases were then tagged together.

Case Title: Pratyush Prasanna v. State NCT of Delhi and other connected matters

Citation: 2022 LiveLaw (Del) 638