Crematoriums And
Memorials
The cremation of dead bodies of
political leaders and erection / creation of memorials in public parks and
places has become the order of the day. Sensing the dangers of this trend,
Govt.of India has put a blanket ban on conversion of Govt. Bungalows into
memorials and development of Samadhis of departed leaders on public land. The trusts
and societies set up in memory of departed leaders can, however, develop
memorials provided they bear the expenses for acquisition of land and for
development and maintenance of memorials.
Also decided
that the functions related to the birth and death anniversaries of all National
Leaders will be organized by the leaders’ family members or by the trust and no
financial grants shall be granted by the Govt for the purpose. However
development, maintenance and all functions connected with the birth and death
anniversaries of Mahatma Gandhi will continue to be the responsibility of the
Raj Ghat Samadhi Committee, as it is a National Monument The necessary funds
required for organizing all functions at Raj Ghat will be provided by the Govt
as per past practice
But, the allotment of the Bungalow at No.6 Krishna Menon
Marg, New Delhi, for the Babu Jagajivan Ram National Foundation, even on
payment of monthly rent for the next 25 years till 2038 appears to be in utter
violation of blanket ban imposed on conversion of Govt Bungalows.
The A.P. High Court in its land-mark
judgment on WP No. 25835 of 1996 observed that the State Government acted on
its own to use a public park for disposal of the dead body of late Sri. N.T.
Rama Rao and the Hyderabad Municipal Corporation silently watched the
conversion of the public park first into a cremation ground and later its
appropriation for raising a memorial for late Sri. N.T.Rama Rao. In the case of
cremation of late Dr.M Chenna Reddy, however, the Corporation and State
Govt.were reminded of the existence of a law only because of Writ Petitions
entertained by the court.
The High Court further observed that it is not
difficult to see, in the disposal of the dead bodies of late N.T. Rama Rao and
late Dr.M Chenna Reddy in the Public Parks, clear violation of law. The State
Govt.acted without jurisdiction as well as malice in law, and interfered with
the constitutional and statutory power of the self- government. No government
can justify violations of law either by it or by its servants and agents merely
because there are demands from the public or a section there of to do things
which are violative of the law.
The High Court also observed that Corporation’s failure
in preventing the cremation of late Sri N.T.Rama Rao in one of the parks of the
city and in not taking action to remove any encroachments by any person
including the State Govt. upon the lands belonging to the park, are glaring
violations of Articles 14 and 21 of the Constitution of India. Repetition of the
above in the case of late Dr.M. Chenna Reddy by the State Govt. and abdication
of jurisdiction by the Commissioner and Corporation is a repeat of the
violation of the right as above.
Referring to the
apprehension of the petitioners of further violations, by raising of memorials
in the names of late NT Rama Rao and late Dr.M Chenna Reddy, at the places of
their cremation in the public parks, the court have taken the view that any
conversion of the parks to any other use would violate the rights under Articles
14 and 21 of the Constitution of India. Therefore the court unhesitatingly
accepted the petitioners’ plea that State Govt. and MCH have to be restrained
from converting the parks to any other use.
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