Supreme Court Mandates Dignified Rites: Directs Proper Burial or Cremation for Victims of Manipur Ethnic Violence

28-11-2023 : The Supreme Court has issued directives to ensure the dignified burial or cremation of those who lost their lives during the ethnic violence in Manipur. The court took note of a report filed by an all-woman committee of former high court judges, headed by Justice (retd) Gita Mittal, which highlighted that 94 unclaimed bodies were being preserved in mortuaries. Expressing concern, the court emphasized that it is neither appropriate nor proper to keep unidentified bodies indefinitely in mortuaries.

Out of 175 reported deaths, 169 bodies have been identified, with only 81 claimed by their next of kin. The court, led by Chief Justice D Y Chandrachud, acknowledged the identification of nine burial sites by the state government and granted permission for the next of kin to perform the last rites at these locations without hindrance.

The court directed the state authorities to inform the next of kin of the identified and claimed bodies about the available burial sites by December 4. Additionally, for bodies that have been identified but not claimed, the state administration was instructed to issue a communication, allowing the next of kin to carry out the last rites within a week at any of the designated burial or cremation sites.

Recognizing the need for due observance of religious rites, the court permitted the state to proceed with the burial or cremation of unidentified bodies. It emphasized that the collector and superintendent of police should take appropriate steps to maintain law and order during these proceedings.

The court also directed the state to draw DNA samples before the burial or cremation process, especially if not done during the autopsies. To address concerns about bodies lying in mortuaries, the chief secretary, together with the state administration, was instructed to take appropriate steps to facilitate access for identification or performance of last rites.

During the hearing, Solicitor General Tushar Mehta assured that if the next of kin agree to bury a body at one of the designated sites, there should be no objections. However, some petitioners expressed unawareness of the burial sites, prompting the court to direct that the next of kin be informed in writing about the locations.

Amidst some heated exchanges during the hearing, the court expressed a desire not to prolong the issue concerning the burial or cremation of the deceased. It decided to hear on December 4 the issues raised in the committee’s report regarding the acceptance of ex-gratia to the kin of the victims. The ethnic violence in Manipur, triggered by a high court order on Scheduled Tribe status, has claimed more than 170 lives and left several hundred injured since May.