The Madras High Court, in an authoritative pronouncement, declared that dead bodies cannot be buried at will in any place in village panchayats in Tamil Nadu. The Full Bench comprising Justices R. Mahadevan, G. Jayachandran, and Mohammed Shaffiq delivered this verdict while answering a reference made to them by a Division Bench due to conflicting views on the matter.
The court clarified that burials can only take place in places designated under the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999. The judges emphasized that Rule 7(1) should not be misconstrued as a right to bury a body anywhere, and the burial or burning of a body is subject to other provisions in the Rules. The purpose and context of the Rules must be considered while determining the designated burial grounds.
The Full Bench further ruled that anybody buried in an undesignated place, in violation of the 1999 Rules, must be exhumed and buried at the designated place if the violation is brought to the notice of the authorities within a reasonable time. In case individuals refuse to exhume the body, the officials have the authority to do so and recover the costs from the concerned family.
The High Court's decision is likely to have significant implications for burial practices in Tamil Nadu, ensuring that burials are carried out in designated areas in compliance with the law and regulations.
Source: Link
Picture Source :
