Point of Law : Word and expression 'person' in Article 21 of Constitution includes a dead person in a limited sense and right to life with dignity should be extended in such a manner that his dead body is given respect, which he would have deserved, had he been alive, subject to his tradition, culture and the religion which he professed.

JUDGMENT :

S. Manikumar, J.

The petitioner, a Non Governmental Organisation, registered under the Societies Registration Act, 1860, approached this Court seeking for the following reliefs :

“(i) Issue a writ of Mandamus, commanding the 7th respondent to take all the necessary measures to keep a law and order situation at Puthur in the place where the burial ground is situated.

(ii) Issue a direction to the 2nd, 3rd, 4th, 6th, 7th and 8th respondents to take strict measures to permit the burial of dead ones of the Chakkiliyan community in the Public burial ground of the Puthur Panchayat peacefully.

(iii) Issue a direction to the 5th respondent to direct his officers below to take the cases of atrocities being committed against the SC/ST community seriously and direct them to take cognizance against the offenders strictly under social boycotting under Sections 3(1) z a(A) of SC/ST (POA) Act 1989, amended in 2016.”

2. Short facts leading to filing of the writ petition are as under:

2.1. The petitioner organisation, in the instant writ petition, is espousing the cause and concerns of the Chakkiliyan Community of Puthur Grama Panchayat of Palakkad District, where marginalised communities were denied access to cremation in a Public graveyard. It is submitted that during the on reach programs, the volunteers of the petitioner organisation interacts with various communities throughout the length and breadth of the State. While, so the volunteers came to know about the shocking incident of untouchability that prevailed in Puthur Grama Panchayat of Palakkad district wherein, access to a public crematorium was denied and there was an express refusal to bury the dead body of a Schedule Caste woman, belonging to Chakkiliyan Community and perform the funeral rites.

2.2. It is stated that the members of the Schedule Caste Chakkiliyan community were prevented from entering the crematorium premises and burying the body of the said woman died there. The members of the dominant castes allegedly threatened and wrongfully restrained the family members of the deceased. The members of the Chakkiliyan community have cited it as an instance of the continuing caste based discrimination in the Village. Following the same, volunteers of the organisation had spent two weeks and conducted an In-depth study for understanding the prevailing issue.

2.3. Petitioner has further stated that Chakkiliyan is a backward community (vulnerable community) among the Scheduled Caste communities in the State. This community has been historically subjected to various forms of oppression and marginalisation.

2.4. Petitioner has further stated that Chakkiliyan community was allotted a burial ground, near river but, other people objected it, since it was an open space on rock and the remains of the body made the river bank and water unhygienic, with so many health problems. The Chakkiliyan community, due to the fear of the forward castes, chose the far away forest land for the burial. Now, the forest land also closed for the burial of their dead ones. Again after 3 years, the same problem has arisen on the issue of burial of a woman from Chakkiliyan caste named Sakunthala and the Scheduled Caste community members approached the police authorities.

2.5. The 8th respondent – Village Officer, Puthur, made a report to the Tahsildar, on this aspect that, each community is claiming a separate burial ground. Exhibit P1 is the copy of the report dated 28.07.2020. The Village Officer has also reported that the plots 1 to 3 are earmarked for 3 separate communities. The sketch to this effect prepared by the Village Officer is produced herewith and marked as Exhibit P2.

2.6. Respondent Panchayat had earmarked Rs.12,00,000/- during the plan period of 2019-2020 vide project No.54 for constructing a compound wall for the cremation ground.

2.7. Petitioner has further contended that during further e