The Chhattisgarh High Court has made a significant observation, declaring that the right to a dignified death and cremation is an intrinsic part of the fundamental right to life, as enshrined in Article 21 of the Constitution of India. This pronouncement came as the court addressed the dire conditions of a cremation ground in Rahngi gram panchayat, Bilaspur, taking suo moto cognizance of the matter.
The division bench, consisting of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, registered a Public Interest Litigation (PIL) after the Chief Justice's personal visit to the Muktidham (cremation ground) on September 28 revealed its "pathetic condition" during a funeral. The court noted several deficiencies, including the absence of a boundary wall, a proper approach road, sanitation, lighting, a shed, seating for mourners, a caretaker, and toilets. Overgrown bushes and the presence of a solid and wet waste shed near the cremation ground further compounded the issue.
Highlighting the state's constitutional obligation, the bench emphasized that a deceased person "deserves a respectable send-off" and that public funeral facilities should be maintained in decent and sanitary conditions. Failure to do so, the court asserted, amounts to an abdication of duty under the Constitution, municipal acts, and various environmental and public health laws, as cremation grounds in many gram panchayats are neglected and given the "least priority".
To address the situation, the High Court issued an 11-point directive, instructing state, district, and local administrations to undertake immediate corrective measures. These include comprehensive cleaning drives at all cremation/funeral grounds, urgent repairs of platforms, sheds, pathways, and fencing, installation of water, electricity, toilets, shelters, and seating, provision of firewood/LPG, functional electric/gas crematoria, and safe ash disposal areas, and the appointment of sanitation workers and caretakers.
The court has directed top state officials, including the Chief Secretary, the Secretary of the Panchayat and Social Welfare Department, and the Bilaspur district magistrate, to file personal affidavits outlining the government's plan for improving cremation grounds. The case is scheduled for further hearing on October 13, 2025.
This ruling underscores the significance of treating the deceased with dignity and respect, ensuring that final rites are conducted in a humane and sanitary environment. It reinforces the notion that the right to life, as enshrined in Article 21, extends beyond mere existence to include the right to a dignified death and respectful last rites.
