The Gauhati High Court has observed that respondent authorities shall make all endeavour to set up electric/LPG crematoriums at all District Headquarters in the State of Assam.
The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia closed a Public Interest Litigation (PIL), which prayed for the following reliefs:
“In the premises aforesaid it is therefore prayed that your Lordships may be pleased to issue a Rule calling upon the respondents to show cause as to why writ of mandamus shall not be issued:
(i) Directing the authorities to set-up electrical/LPG crematorium in the crematoriums of the State;
(ii) Initiate steps to make the electrical/LPG crematoriums functional;
(iii) Initiate steps for awareness of the people about the eco-friendly benefits of the electrical/LPG crematoriums and to encourage them to use the same for funeral;
(iv) To disseminate information about availability of ‘Green Cremation Pyres’ and its benefits in various media like TV, radio, newspaper etc. so as to motivate people in this regard et.;
(v) To enact law or publish guidelines in the matter of use of ‘Green Cremation Pyres’.”
Bijan Chakraborty, the petitioner-in-person has taken the HIgh Court through the factual matrix and has outlined the advantages of electric/LPG crematorium vis-a-vis traditional method of cremation.
The petitioner has also relied upon a newspaper report published in an English Daily dated 12.11.2022, expressing non-availability of electric crematorium in Goalpara.
The petitioner relied upon the averments made in the petition and asserted that as is found in other States of India, the State of Assam also owes a duty to protect the environment and safeguard the forest and wildlife as, according to Mr. Bijan Chakraborty, the petitioner-in-person, because of the traditional method of cremation, ultimately trees are destroyed and damaged. D. Saikia, Advocate General, Assam, submitted that the grievance ventilated by the petitioner has been taken into consideration by the respondent authorities and, relying upon the statements made on oath by the Directorate of Municipal Administration , Assam , the Advocate General submitted that the Director of Municipal Administration, Assam, will make endeavour to establish electric/LPG crematorium at every District Headquarter of the State of Assam in phase manner. The Advocate General also expressed that even though at some places the facility of electric crematorium is available, the public at large, sometimes, for their own emotional reasons prefer traditional method of cremation.
The petitioner submitted that as statements have been made by the respondents before the High Court that the respondent authorities shall install electric/LPG crematorium at every District Headquarter in phase manner, the PIL be disposed of accordingly.
Having heard the learned counsel for the parties, the High Court held that it is a matter of fact that in today’s scenario, where preservation of environment is predominantly necessary, instead of traditional method of cremation, electric/LPG crematorium would sub-serve the object of preservation of environment, as the same would contribute to the endeavour of the State authorities in achieving the goal set up by the Constitution of India as regards preservation of environment in a better manner.
“Accordingly, the present PIL closed. The respondent authorities shall make all endeavour to set up electric/LPG crematorium at all District Headquarters in the State of Assam, may be in a phase manner but as expeditiously as possible”, the order reads.