Item No.2 (Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

(Through Physical Hearing with Hybrid VC Option)

Original Application No.262/2022 (I.A. N0 194/2022)

Sanjay Sharma ...Applicant Versus Union of India & Ors ...Respondents Date of hearing: 07.05.2024 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: Ms. Gayatri Dahiya, Advocate proxy counsel for counsel for the Applicant.

Respondents: Mr. Rahul Pratap, Advocate for respondent no. 1-MoEF & CC.

Mr. Gi.Gi. C. George, Advocate for respondents no. 2 and 3 (through VC).

Mr. Pradeep Misra, Advocate for respondents no. 4 and

7 (through VC).

None for respondents no. 5, 6 and 8.

Application under Sections 14 and 15 (b) and (c) read with Section 18 (1) and (2) of the National Green Tribunal Act, 2010.

ORDER

1. The applicant, a journalist with an illustrious profile filed the present application seeking urgent intervention and directions from this Hon’ble Tribunal for the protection of environment and ecology in the following terms as prayed for:-

“ i) Direct the Respondents to ensure that proper Covid-19 protocol is followed for the disposal of the Covid-19 impacted human corpses, with such suitable amendments that an expert committee appointed by this Hon’ble Court may suggested and as directed by this Hon’ble Court.

ii) Direct the Respondents to devise permanent mechanisms to regulate disposal of dead bodies into the rivers, and issue directions to incentivize resort to crematorium to give effect to the fundamental right to decent burial and cremation;

iii) Direct Respondent No. 4 & 5 to ensure a proper and complete health checkup of those living near the river beds where the human corpses are buried / set afloat and ensure their proper treatment;

iv) Direct Respondents No. 4 & 5 to identify the individuals dependent on the rivers for their livelihood whose right to livelihood is impacted on account of disposal of dead bodies in the river Ganga;

v) Direct the Respondents to initiate immediate corrective action and identify the areas where the corpses are buried on the river beds; and to ensure proper cremation of the bodies so buried, in light of the Report of Seven IITs by improving cremation facilities;

vi) Pass such other orders as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of this case.”

2. The applicant acknowledged various precautionary and safety measures taken including issuance by the Ministry of Health and Family Welfare, Union of India of Standard Operating Procedure/ Directions titled “Covid-19: Guidelines on Dead Body Management” and issuance by the National Human Rights Commission (NHRC) of “Advisory for Upholding the Dignity and Protecting the Rights of the Dead” and directions by the Centre to States to prevent dumping of dead bodies in Ganga or burying of the same on river beds and focus on their safe disposal and providing support for ensuring dignified cremation but claimed that the same remained on paper without implementation on ground and the issue of throwing dead bodies in the river needs to be tackled from environmental point of view and protecting health of those living along the rivers and preventive and curative steps were required to be taken.

3. In view of the averments made in the application, this Tribunal issued notices to the respondents and sought reports from Additional Chief Secretary (Home) and Additional Chief Secretary/Principal Secretary (Health), Governments of Uttar Pradesh and Bihar respectively. The applicant was also directed to file his affidavit giving suggestions regarding creating of public awareness by the media, promoting public participation and involvement of civil society for the cause and improving efficacy of steps already taken and modalities of steps required to be taken.

4. Report was filed by Mr. Vikas Vaibav, Special Secretary, Government of Bihar vide email dated 03.08.2022. Affidavit was filed by the applicant vide