CHENNAI: The Madras High Court has held preventing members of a marginalised community from accessing public burial or cremation ground amounts to practising untouchability and would attract criminal liability.
Justice V Lakshminarayanan made the observation while disposing of a batch of writ petitions concerning land in Karumandisellipalayam village in Erode district. Though classified as ‘cart track poramboke’ in revenue records, the land had been used for decades as a burial ground by villagers . “All major religions in this country emphasise respect for the dignity of the dead and prescribe norms for burial and cremation,” the judge observed . Expressing concern over the levelling of graves, the court said disturbing burial sites not only affects the deceased but also deeply impacts their families. Emphasising constitutional principles, the judge noted that Article 17 abolishes untouchability and that denial of burial access to Scheduled Castes would violate the law.
Referring to the SC/ST (Prevention of Atrocities) Act, the court said authorities are empowered to initiate action if members of Scheduled Castes are denied equal access to such public facilities.
The court directed the Erode Collector to ensure the burial ground is properly demarcated and fenced, prevent encroachment and garbage dumping, expedite reclassification of the land in line with its long-standing use, and take action against those responsible for disturbing the graves.