Residents of a local body cannot claim burial or cremation rights in another local body: HC
The Madras High Court ruled that residents of one local body cannot claim a legal right to use burial or cremation grounds located in another jurisdiction. The court clarified that such rights are generally restricted to local residents unless they qualify as fundamental or customary rights.
Why it matters
This ruling clarifies the administrative boundaries and legal obligations of local government bodies regarding essential public services.
The Madurai Bench of the Madras High Court has held that those residing within the territorial limits of a local body cannot claim right of burial/cremation in the burial/cremation ground vested with another local body.
However, such a right is enforceable if it partakes the character of a fundamental right under Article 25 of the Constitution or a customary right, said a Division Bench of Justices G.R. Swaminathan and K.K. Ramakrishnan.
The court was hearing the petition filed by the residents of Bommaiahgoundanpatti which is a part of Theni-Allinagaram Municipality.
According to the petitioners, they have been cremating their dead in the cremation ground located in Sukkuvadanpatti, a hamlet of Oonchampatti panchayat.
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