HC flags caste bar for burials; directs Tamil Nadu govt to address social menace – Times of India

CHENNAI: The curse of caste system is denying even a burial or cremation ground for people from certain marginalised sections, particularly in rural areas, lamented the Madras high court on Friday.
“It is quite unfortunate that even at the time of death, the caste factor does not seem to leave a person. It attaches itself till the person is ultimately cremated,” said Justice Anand Venkatesh.
Asserting that such a practice should be immediately stopped, and everyone must be given access to burial grounds irrespective of the caste or community to which they belong, the court directed the DGP to ensure stringent action as and when such a situation arises.
“… the curse of the caste system is so prevalent, particularly in villages, that it piggybacks even at the time of birth and does not even seem to leave even at the time of cremation. Alas, we live in such a sorry state…,” the judge said.
“Due to this, there is a loathsome practice that is prevalent in many villages where persons belonging to marginalised sections are not even allowed to use the burial ground. As a result of the same, persons belonging to such communities are forced to cremate the dead bodies in some other place which has not been notified as a burial ground,” Justice Anand Venkatesh added.
The judge made the observations on a plea moved by S Amirthavalli seeking a direction to the authorities to prevent burial of dead bodies along a road track which is the only access to her patta land in Eripatti village, near Pollachi.
When the plea came up for hearing, the government advocate informed the court that the land in dispute belonged to the highways department and people belonging to a particular community in the village were using it to cremate bodies for over 25 years, as they were not allowed to use the notified burial ground by persons belonging to the dominant community in the village.
Recording the submissions, Justice Anand Venkatesh said: “If the cremation is prevented by anyone on the ground that the person concerned belongs to a marginalised section, immediate action must be taken in accordance with law and such persons must be punished.”
Only if stringent actions are taken and the perpetrators of such crime are brought to book, such condemnable practices can be brought under control, the court added.
The judge then directed the authorities to ensure that persons belonging to all communities are permitted to use the notified burial ground in the village and disposed of the plea.