Libertatem Magazine

Calcutta High Court Criticizes Authorities for Non-Fulfilment of Crematorium Requirement for Dead Bodies’ Disposal

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The Calcutta High Court on 16th March 2021 expressed its displeasure, on the working of the District administration, Local Self-government Institutions as well as the Development Authorities, regarding the installation of the electric chulli for the public utility.


The instant petition was filed for the installation of an electric chulli in a locality due to its necessity for the larger public interest in managing the right to life and connected issues like decent disposal of human remains or dead bodies.

At the last hearing, the Court remarked that the area was being inhabited by people who were socially or economically marginalized, and thus, there could be no discrimination based on caste, creed, color, sex, or economic status in enjoying the last fundamental right available on earth as part of the right to life. 

While on 2.03.2021 hearing, the Court had directed the West Bengal State Government to take necessary steps for the installation of the electric chulli in a particular locality as a public utility.

Court’s Observations

The Bench of Chief Justice Thottathil B. Radhakrishnan and Aniruddha Roy observed that no judicial order was required by any unit of governance guided by the Constitution and the cardinal human values would have definitely done the needful for the people forthwith. The Court further remarked that the minimum and the most modest comment put on the said report submitted by the DM, Purba Medinipur was a shame on the face of the Indian Constitution. Furthermore, the Court held that if the authorities can’t foresee the requirements of the crematorium, then no further development could be expected through them.


The Hon’ble Court adjourned the matter to 19th March 2021 by giving a peremptory direction, in the failure of which, further action against all concerned including the District Magistrate, Purba Medinipur would be initiated and thereby directing the needful to be done forthwith and placed before the Court, the steps taken, disclosing the facts and figures and date-wise Action Taken Report on the issue concerned. 

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