HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR D.B. Civil Writ Petition No. 8260/2021 Kanchan Patil (Mirasi) Samaj ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. B.L. Bhati, AAG with Mr. Sandeep Soni Mr. B.P. Bohra, Sr. CGSC with Mr. Vaibhav Bhansali &

Mr. Jitesh Suthar Mr. Usman Ghani HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE BIPIN GUPTA

Order

Reportable

22/08/2025 “Mankind and life may divide, but death unites.”

1. This timeless truth underscores the universality of human mortality. While society may be fractured by caste, creed, religion, or status during life, in death all such distinctions dissolve, and every human being returns to the same origin. Death, thus, emerges as the great unifier.

2. The ancient Indian philosophy of the pañchatatva (five elements of nature), beautifully embodies this idea, teaching that the body is created out of earth, water, fire, air and ether (Akasha), and upon death, it inevitably merges back into them. This journey from origin to dissolution has always been treated with solemnity, for it signifies not merely a biological process, but the final honouring of the individual’s existence. The dignity accorded in this return to nature is what distinguishes human society from mere physicality; it is a recognition that every human being, regardless of caste, creed, or faith, deserves a respectful passage back into the very elements that once gave life.

3. The performance of final rites, therefore, is not merely a ritualistic act, but a solemn recognition of this journey of return an affirmation that human dignity does not end with the last breath. It is in this continuum between philosophy and law that the Court recalls the constitutional guarantee of Article 21, which safeguards the dignity of the individual not only in life but also in death. The respectful treatment of mortal remains is thus both a cultural imperative rooted in pañchatatva and a constitutional obligation anchored in the right to dignity.

4. The Hon’ble Supreme Court of India emphasized that the right to dignity does not cease with death. In Pt. Parmanand Katara v. Union of India (1995) 3 SCC 248], it was categorically held that “the right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a living man but also to his body after his death.”

5. In Ashray Adhikar Abhiyan v. Union of India (2002 (2) SCC 27), the Hon’ble Apex Court recognized the right of even an unclaimed homeless deceased to a dignified burial according to their religious faith, holding that this duty correspondingly rests upon the State.

6. Indeed, India is a land of innumerable castes and communities, each with its own traditions and rituals. Yet, in the larger scheme of existence, the final journey converges towards the same elemental truth, the body turns to ashes, and in the Indian consciousness, the sacred river Ganga symbolizes this ultimate return. Thus, in spite of social diversities, the core religious sentiment remains one of dissolution into nature, a reminder that dignity in death is indivisible.

7. Yet, it is with a sense of deep anguish that this Court records that an issue as solemn as death and the performance of final rites has become the subject of litigation before us. What ought to have remained an unquestioned act of reverence and closure has, instead, resulted in discord and denial. The Court cannot remain unmindful that when the mortal remains of an individual become the cause of strife, it is not merely the deceased but also the living community that suffers indignity. It is against this backdrop of grief and constitutional concern that the facts of the present petition are required to be considered.

8. Brief facts of the case as noticed by this Court are that the petitioner (Samaj) is a group of individuals known as the Kanchan Patil (Mirasi) Samaj, residing predominantly in the districts of Jodhpur, Jaisalmer,