No Fundamental Right to Choose Cremation or Burial Site: Bombay High Court
CIDCO Told to Remove Crematorium Near Navi Mumbai Residential Area
Citizens’ Rights vs Planning Authorities’ Duties
The Bombay High Court ruled that citizens do not have a fundamental right to select a specific cremation or burial site. The court made this statement while ordering the City and Industrial Development Corporation (CIDCO) to remove a crematorium built close to residential societies, shops, a school, and a playground in Sector 9 of Navi Mumbai’s Ulwe area.
CIDCO’s Responsibility and Alternative Crematorium
CIDCO, the agency responsible for Navi Mumbai’s planning, had already provided a fully operational crematorium at Sector 14, around 3.5 km away from the disputed site. The court emphasized that planning authorities, such as CIDCO, are responsible for providing crematoriums.
Petitions Against the Crematorium Construction
The bench, consisting of Justices Ajay Gadkari and Kamal Khata, heard petitions filed by two housing societies in Sector 9 – Lakhani’s Blue Waves Co-operative Housing Society and Ami’s Planet Mercury Co-operative Housing Society – against the construction of the crematorium in the area.
Initial Plans and Crematorium Construction
According to the petitioners, CIDCO initially approved the construction of a petrol pump on the plots where the crematorium was built. However, a powerful individual appointed a contractor and started building the crematorium instead.
Impact on Residents and Environmental Concerns
- The crematorium’s location negatively affected the two housing societies.
- The proximity of the crematorium to a school and its playground could harm children mentally.
- Cremations using wood caused fire, smoke, foul odors, and air pollution, which harmed residents’ mental and physical health.
CIDCO’s Response and Residents’ Protest
After the petitioners approached CIDCO in 2023 seeking the removal of the crematorium, the authorities took action. However, residents of Kharkopar village, who use the crematorium in Sector 9, prevented an attempt to demolish it and protested against its demolition.
Alternative Crematorium and Residents’ Objections
The petitioners noted that there was an alternative crematorium in Sector 14, only 15 to 20 minutes away from the contested plots. However, the residents of Kharkopar village argued that the crematorium in Sector 9 had been there for more than 250 years and was not illegal. They also claimed that CIDCO had provided funds and issued work orders for its construction and renovation.
Court’s Ruling
The court rejected the villagers’ argument and ordered the removal of the crematorium, stating that citizens do not have the right to cremate or bury at a specific location. It is the duty of the authorities to meet the needs of the people, and in this instance, CIDCO has already provided a fully functional cremation ground.
