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The National Green Tribunal has recently directed the states of Uttar Pradesh and Bihar to submit "factual verification reports" on the aspect of the number of dead bodies which were documented/found to have been floating in the river Ganga have been buried on the river bed before Covid19, for the years 2018 and 2019 and after Covid 19 in the years 2020, 2021 up till March 31, 2022.

The plea has been filed by a journalist highlighting the issue of protection of the environment and ecology seeking direction that proper Covid-19 protocol is followed for the disposal of the Covid-19 impacted human corpses, with such suitable amendments that an expert committee.

A bench of Justice Arun Kumar Tyagi, judicial member, and Dr. Afroz Ahmad, an expert member has also directed the applicant to file his affidavit giving suggestions regarding creating public awareness by the media, promoting public participation and involvement of civil society for the cause and improving the efficacy of steps already taken and modalities of steps required to be taken.

The bench has further asked the States to inform about the number of cases in which financial support was extended by the Governments of Uttar Pradesh and Bihar respectively for cremation funeral or burial of the dead bodies, within two months.

The report has been sought on the following issues as well:

• What steps were taken for creating public awareness and promoting public participation for preventing floating of dead bodies in river Ganga or their burial in or near the river bed?
• Whether any criminal case was registered and any prosecution was launched against any person for violation of the guidelines for management of dead bodies covid infected or otherwise?
• Whether there was any violation of environmental norms and, if so, the details of the remedial measures taken may be furnished?

The plea has further sought direction to devise permanent mechanisms to regulate the disposal of dead bodies into the rivers, and issue directions to incentivize resort to the crematorium to give effect to the fundamental right to decent burial and cremation.

It has also asked to direct the respondents to ensure a proper and complete health checkup of those living near the river beds where the human corpses are buried/set afloat and ensure their proper treatment

The petitioner has submitted that "the issue of throwing dead bodies in the river needs to be tackled from an environmental point of view and standing directions need to be issued and followed. In respect of COVID, the situation in the rural parts of India continues to be grim where the RT- PCR tests are at a bare minimum and poverty is forcing people with limited means to float the corpses of their family members in rivers or to bury them near the river beds.

"Even though now mortality has gone down, but preventive and curative steps are required to be taken for avoidance and management of such a situation in the future. Since rotting bodies may have had an impact on the health of those living along the rivers, curative steps are required to be taken their complete health check-up and proper treatment," the plea added.

Case Title: Sanjay Sharma Vs. Union of India & Ors