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Synopsis

Taking note of the shabby and dilapidated conditions of crematorium/ cremation sites across the State, the Allahabad High Court has recently instructed the state government to take definitive measures to address the issue.

Highlighting the failure of cremation site infrastructure to keep pace with the consistent population growth, the bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar said, 

"The population is increasing day by day but the infrastructure at the cremation sites are being developed at snail's pace. It is very unfortunate that the common people struggle their whole life for getting proper amenities and even after their last breath they are deprived of from getting proper cremation facilities."

While referring to the challenges faced during the peak of the COVID-19 pandemic when a shortage of infrastructure at cremation centers made proper cremation of the deceased a formidable task, the bench noted the irony of striving for a one-trillion-dollar economy while struggling to provide proper facilities at cremation centers.

The observations were made in a writ plea filed by one Rajendra Bajpai, serving as the President/Manager of Shamshanghat in Bithoor, expressing concerns about inadequate facilities at the cremation site.

The court, on November 20, had issued a detailed order acknowledging the shabby and dilapidated conditions of crematoriums/cremation sites across the state lacking basic amenities and infrastructure. The Secretary, Nagar Vikas Government of U.P., was then directed to respond and clarify whether the State Government had a concrete policy regarding this matter.

In response, the Secretary, Nagar Vikas, Government of UP, stated that Urban Local Bodies, such as Municipalities/Municipal Corporations, are autonomous bodies responsible for ensuring the proper maintenance and development of cremation sites in urban areas. However, it was argued that the Panchayati Raj Department, Government of U.P., is the competent authority for maintenance and development work of cremation centers/crematoriums in rural areas, and hence, the Urban Development Department lacks the authority to regulate such sites in Gram Panchayats.

In light of this, the court directed for impleadment of the Additional Chief Secretary, Panchayati Raj, Government of U.P., and the Additional Chief Secretary, Urban Development, Government of U.P., as party respondents to allow them to provide a response to the matter.

The matter will be next heard on January 18, 2024. 

Case Title: Rajendra Kumar Bajpai v. State Of UP And 2 Others