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The Allahabad High Court on Friday dismissed a PIL seeking directions to State authorities to dispose of dead bodies lying on the banks of Ganga in Prayagraj, Uttar Pradesh.

"Why should the State do that? If there is a death in a family, is it state's responsibility," the Court questioned the petitioner.

A Division Bench of Chief Justice Sanjay Yadav and Justice Prakash Padia did not entertain the argument of the petitioner that suggested that it is the responsibility of state to perform cremation according to religious rites and dispose of the dead bodies in a dignified manner.

The present PIL had been filed by Advocate Pravnesh on 31^st May, 2021 seeking directions to –

1. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to perform the cremation according to religious rites and dispose the dead bodies buried near Ganga River at different ghats in Allahabad as early as possible. 
2. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to prevent/stop the burial of dead bodies near Holy River Ganga.
3. Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
4. Award the cost of the writ petition in favour of the petitioner.

According to the petitioner, the right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a man during his life but also to his body after his death and the word and expression 'person' in Article 21, would include a dead person in a limited sense and that his rights to his life which includes his right to live with human dignity, to have an extended meaning to treat his dead body with respect, which he would have deserved, had he been alive subject to his tradition, culture and the religion, which he professed. This further imposes a duty on the State to ensure that the same is being adhered to.

The Bench questioned the petitioner whether he has himself contributed to the cause by identifying any of the dead bodies and giving them a decent burial. "What is your personal contribution to the cause you are raising, tell us if you dug out and cremated bodies?”

The Bench further stated that, "You know we won't allow such types of petitions, merely for the sake of it. Please show some contribution otherwise we may impose a heavy cost because these are not public interest litigation, but publicity interest litigation."

Questioning the credibility of the PIL the Bench asked the petitioner as to what all he has done to contribute into this public interest, "If you are a public-spirited person, tell us how many bodies you have been able to identify and give them decent burial or cremation."

Advocate Pravnesh replied that,"I have personally visited these places and the situation is very bad.”

The petitioner also referred to a supplementary affidavit filed by him that included advisory issued by the National Human Rights Commission directing the State authorities to look into the matter of 'unclaimed dead bodies'

The Bench replied to this and said, "You have not examined the ground realities, if you say that the NHRC has passed an order regarding this matter, go and complain to them. Please don't come to court seeking directions,"

The Bench dismissed the petition and advised the petitioner to come back to the court after doing some proper research.

"We are of the view that the petitioner has not done any research regarding the rites and customs which are there amongst various communities living near Ganga. We allow him to withdraw and file again with some research work."