High Court seeks meetings on shared crematoria for Hindus and indigenous Khasi, Jaintia people

SHILLONG, Oct 25: The High Court of Meghalaya has directed the district magistrates through the functionaries below them to hold meetings with members of the Hindu and indigenous Khasi and Jaintia communities to persuade them to accept one crematorium or one place for the cremation of the dead.
The court heard the PIL on Friday and enlarged its scope.
“We observe in the order dated 22nd September 2023 that the enquiry by the court at that point of time was confined to, inter alia, cremation facilities in the major towns of Meghalaya. Now, it seems to be restricted to cremation facilities for members of the indigenous Khasi and Jaintia tribes who have not embraced Christianity and Hindus but extended throughout the state of Meghalaya,” the court said.
Some facts came to light after Additional Advocate General K. Khan and N. Mozika, Amicus Curiae appointed by the court, were heard.
According to the court, the November 9, 2023, report of the state Directorate of Urban Affairs mentions new electric hybrid crematoria proposed to be set up in New Shillong, Tura, Jowai, and Nongpoh.
It also enumerated sanctioned or completed projects at Syllei-Iawkein, Nongstoin, Khlieh Tyrshi village, Jowai, West Jaintia Hills, and Jhalupara in Shillong. None is operational.
The court pointed out that many places in the state have no crematoria within a reasonable distance, as a result of which the relatives of the dead undergo the ordeal of carrying the body over long distances for cremation at considerable inconvenience and emotional distress.
The court said although the indigenous Khasi and Jaintia people cremate their dead following more or less the same procedure as the Hindus. It pointed out that there may be a few who might have no objection to cremating their dead along with the Hindus despite different rituals accompanying the funeral, the basis for seeking different crematoriums.
Referring to earlier orders of the court, the Amicus Curiae sought enabling directions to help him comply with the current order and file a report.
The Amicus Curiae was directed to hold an online meeting with all the district magistrates or deputy commissioners of the state’s 12 districts, wherein inter alia, the DMs will be asked to undertake a fact-finding exercise through the BDO level and lower officials and apprise the Amicus Curiae of any point or place in a particular district where a crematorium or a ground for cremation of the dead is not available within 10 km.
While indicating whether the presence of the crematorium is within 10 km of a particular point or place, each district magistrate or the deputy commissioner was directed to indicate the population density of that area.  Through the functionaries below them, the DMs have been asked to hold meetings with members of the Khasi, Jaintia, and Hindu communities to persuade them to accept one crematorium.
“If necessary, the timing of cremation could be so arranged so that at a particular period of time only the dead bodies of a particular community are cremated and over other periods of time, cremation of the other communities is accomplished. Or the place for the performance of religious rituals can be segregated so that one area is allocated to one community and the rest for the others,” the high court said.
It also said that in case there is a difference of opinion between two communities about sharing a crematorium or a place for cremation or concerning any other issue, the Amicus Curiae shall visit the particular area to ensure, as far as possible, that the said communities agree on some common procedure for disposal of the dead.
Based on the report received from the Amicus Curiae, the court proposes to pass further directions on the PIL. The Amicus Curiae was asked to file a report by February 28, 2025.