The Madras High Court has clarified that no person has the right to bury a deceased body anywhere other than designated burial grounds, and if a body is found buried in an unauthorised location, it can be exhumed and reburied in a legally recognised place.
Bench’s Observation and Legal Basis
A Division Bench of the Madras High Court, comprising Justices R. Mahadevan, G. Jayachandran, and Mohammed Shaffiq, stressed that burial of mortal remains must strictly comply with the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules.
Under these rules, burial or burning of a body is permitted only in designated or licensed burial/burning grounds. If a burial occurs outside such a location, the authorities have the power to remove and rebury the body at a proper site.
Exhumation and Enforcement
The Court held that:
- Burial in non-designated land contravenes the statutory rules.
- If such a violation is brought to the authorities’ attention within a reasonable time, the body must be exhumed and reinterred at an approved burial ground.
- If the responsible persons refuse to comply with a notice to exhume, the authorities must step in and carry out the exhumation themselves and may recover associated costs from those who violated the law.
The bench made these pronouncements while addressing a reference concerning burial of a deceased person in Thiruvallur district at a site other than a designated ground, prompting legal scrutiny.
Public Health and Rule Interpretation
In emphasising compliance with designated burial grounds, the Court’s interpretation considers public health implications, recognising that burying bodies at unauthorised locations may present environmental or health hazards.
