MADRAS HIGH COURT REJECTS BAN ON FUNERAL PROCESSIONS, CALLS PLEA INHUMANE
Category: Public & Regulatory
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INTRODUCTION
In the case titled Kammavar Samuga Nala Sangam vs The District Collector, Virudhunagar WP MD No (24623 of 2024), the bench of Justice MS Ramesh and AD Maria Clete, of Madras High Court imposed Rupees 25,000/- on a litigant for inhumane plea against funeral procession by a particular community.
BACKGROUND
A local association named Kammavar Samuga Nala Sangam asked the court to stop and restrain members of a particular community from carring out the funeral procession through their village’s residential streets, Panayadipatti Panchayat in Virdhunagar district, Tamil Nadu. The petitioner also requested the court to give directions to the local authorities to restrain four persons, who are residents of the same district, who belong to a particular community from following their funeral procession through the streets in which the members of the association community reside.
The Petitioner argued that funeral processing by the respondent via their streets was causing public nuisance and they stressed to ask them to use the main road or any other route to reach their burial ground for funeral procession.
KEY ASPECTS
Funeral Possession is a fundamental right and has no role of creating any public nuisance, and Article 15 of Indian Constitution supports this as it prohibits discrimination.
Principles of Equality and Non discrimination is applied here.
CONCLUSION
The Madras High court dismissed this petition on November 6, 2024, the bench termed this plea as inhumane, and proceeded to dismiss it with a fine of 25,000.
The court strongly said that Public Streets and Roads vested with any panchayat are meant for all residents irrespective of the community or caste they belong to,
The very prayer and the averments in the affidavit filed in support of the writ petition amount to discrimination in terms of Article 15 of the Indian Constitution. And road vested with the concerned panchayat is open for free open enjoyment by every villagers or other sections of the general public irrespective of caste, creed, community and court also observed that they fail to understand as how the conduct of funeral procession can be claimed as a public nuisance by the petitioner.
Hence the High Court took strong action to the prayer and imposed fine due to the absence of any legal ground and directed the association to pay the cost to the legal service committee at the Madhurai bench of High Court within 25 days.
