Court stresses that unregulated burials pose legal, safety and future law-and-order risks.
BENGALURU:
The Karnataka High Court on Tuesday orally observed that burying bodies anywhere other than officially designated cemeteries is prohibited and cannot be permitted under any circumstance. A division bench headed by Justice Suraj Govindaraju made the remarks while hearing a petition filed by H. Gopalagowda of Turandahalli, Bangarpet, seeking the relocation of a grave that had been created on his private property without consent.
The court noted that allowing burials outside authorised burial grounds would create dangerous precedents, enabling misuse even in criminal cases. “If such acts are permitted, one may bury a body on another person’s land, leading to serious consequences. Cremation or burial must take place only in designated cemeteries,” the bench orally stated, before adjourning the hearing.
According to the petitioner, his daughter-in-law died by suicide following marital disputes. On August 24, 2024, the woman’s siblings and relatives allegedly forcefully entered his premises, supported by members of women’s organisations, and buried her body within the compound without informing or obtaining permission from him. They later constructed a tomb illegally on the property.
The petitioner stated that despite filing an application seeking removal of the grave, the Sub-Divisional Officer rejected it. He argued that this decision violates Section 95 of the Karnataka Gram Swaraj and Panchayat Raj Act, which prohibits burial, cremation or disposal of dead bodies within 100 metres of a residence or water source unless in a licensed cemetery. He submitted that the officer’s order directly contradicts statutory provisions and sought a court direction to relocate the body.
The bench also stressed that the government must act to clear all encroachments on burial grounds to ensure their proper and exclusive use.
BOX
Burial of bodies outside authorised locations is an extremely sensitive matter with far-reaching implications. The court indicated that if unregulated burials are tolerated, it may trigger serious law-and-order issues and complicate future criminal investigations, making strict enforcement essential.