Allahabad HC: Plea for Disposing Dead Bodies Buried Near River Ganga Rejected

What is the issue

• The Allahabad High Court dismissed a public interest litigation petition seeking directions to the State authorities to dispose of dead bodies lying on the banks of the Ganga River in different ghats in Prayagraj.

• The petition was filed by advocate Pranvesh who sought the following reliefs:

a) To issue a writ of mandamus, commanding the respondent to perform the cremation according to religious rites and dispose of the dead bodies buried near Ganga River at different ghats in Allahabad as early as possible.

b) To issue a writ, to prevent the burial of dead bodies near Holy River Ganga.

• The Allahabad high court Advised the petitioner to do some research work about the rites and customs prevalent among communities living along the bank of the Ganga.

Observations of the Court

• A Bench of Chief Justice Sanjay Yadav and Justice Prakash Padia turned down the argument, which stated that it is the responsibility of the state to perform cremation of the dead bodies according to their religious rites and dispose of them in a dignified manner.

• The Court dismissed the petition stating that the petitioner has not done any research regarding the rites and customs which are there practiced amongst various communities living near Ganga and permitted him to withdraw his petition and file again after doing proper research.

• The Court stated that there are ground realities that the petitioner has not examined. The petitioner’s plea was that during the second wave of Covid-19, many who were succumbed to the disease were not given cremated properly. Therefore, He pleaded before the court to pass an order to prevent the burial of dead bodies near the river. The court refused to pass any order.

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