On March 4, the Meghalaya High Court strongly criticized the State Government for its lack of progress in addressing the long-pending issue of establishing crematoria for the indigenous Khasi, Jaintia, and Hindu communities. The court expressed its displeasure during a hearing on a Public Interest Litigation (PIL) that sought proper cremation facilities for all major communities in the state.

The division bench, consisting of Chief Justice I.P. Mukerji and Justice W. Diengdoh, took note of the delay and stated:

"There is no report in Court with regard to progress in terms of our earlier order. We are not at all pleased with this state of affairs."

The primary issue highlighted in the PIL was that the Khasi and Jaintia communities are reluctant to share cremation facilities with the Hindu community due to differing cultural and religious practices. However, the fundamental method of cremation remains the same across these communities.

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Background of the PIL

The matter originated from a letter dated September 8, 2023, sent by the Seng Khasi Hima Mawsynram, Mawsynram Syiemship, to the Chief Justice of the Meghalaya High Court. The letter raised concerns about the unavailability of sufficient crematoria, which forces families to transport deceased individuals over long distances for cremation.

In an earlier order dated October 25, 2024, the High Court had directed the Amicus Curiae and the District Magistrate to work with the affected communities and facilitate a mutual agreement. The court suggested that different communities could use the same cremation facility at different times to accommodate their distinct customs.

Additionally, the State Government had proposed setting up modern electric hybrid crematoria in various locations, including:

• New Shillong
• Tura
• Jowai
• Nongpoh

The government had also sanctioned or completed cremation projects at:

• Syllei-Iawkein
• Nongstoin
• Khlieh Tyrshi Village, Jowai, West Jaintia Hills
• Jhalupara, Shillong

However, despite these proposals, none of the crematoria were operational, prompting the court to question the delay.

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During the March 4 hearing, the court reiterated that "little or no progress" had been made regarding the matter. The Deputy Solicitor General of India, who was serving as Amicus Curiae in the case, sought to be discharged from his role. Accepting his request, the court appointed Advocate N. Syngkon as the new Amicus Curiae under the same terms, effective immediately.

The court further directed:

"We direct the District Magistrate to immediately comply with our order dated 25th October, 2024, within four weeks from date. The newly appointed Amicus Curiae shall collaborate with the District Magistrate in terms of our order dated 25th October, 2024."

The matter has been scheduled for its next hearing on April 8, during which the court will review the compliance status of its directives.

Case Title: Re-Seng Khasi Hima Crematorium v. State of Meghalaya

Case No.: PIL No. 10/2023