BENGALURU
The Karnataka High Court has sought the government’s clarification on whether a body can be cremated or buried on private land without the owner’s permission, observing that such actions could lead to serious legal and social complications.
The direction came while hearing a petition filed by H. Gopalagowda of Turandahalli in Bangarpet, who alleged that his daughter-in-law’s body had been buried near his house without his consent. The petition sought a direction to shift the grave to another location.
Justice Suraj Govindaraj, who heard the case, remarked that permitting burial on private property without proper authorization could set a dangerous precedent. “If such acts are allowed, and the government supports them, the situation will worsen,” the judge observed orally.
The court has scheduled the next hearing for November 24 and directed the petitioner to furnish a copy of the petition to the respondents.
During the hearing, the petitioner’s counsel argued that the Sub-Divisional Officer’s decision to reject their plea violated Section 95 of the Karnataka Gram Swaraj and Panchayat Raj Act. The law prohibits burial within 100 meters of a dwelling place or drinking water source unless the site is registered under Section 92 or has prior permission under Section 93.
The petitioner contended that the defendants had illegally entered the land and constructed a tomb, urging the court to order its removal. The bench has sought the government’s stand before passing further directions.