Does God's own Country need to grant separate licenses for burial/burning grounds for different communities? Kerala High Court asks State

The Kerala High Court recently asked the State government to examine whether it should continue granting separate licenses for burial/burning grounds for different communities [Dhisha v State of Kerala & Anrs.]..A division bench of Chief Justice S Manikumar and Justice Murali Purushothaman asked the government of the State which is touted as "God's own Country" to examine whether granting separate licenses for different communities violates Articles 14 (right to equality before the law) and 21(right to life) of the Constitution of India."Without going deeper into the provisions, which permits that licenses can be given to communities, to have separate burial or burning grounds, when the State of Kerala is stated to be God’s own Country, this Court can only observe as to whether, what is enshrined in the Constitution of India and the decisions cited supra, are being followed in letter and spirit or not. Let the Legislature and the Executive, maintain right to dignity and fair treatment under Article 21 of the Constitution of India, not only to a living person, but also to the mortal remains of a person," the Court observed. The bench opined that the matter should be considered by the legislature. "Legislature has to consider whether, there is any need to continue granting separate licenses for burial or burning grounds, on the basis of communities, and whether such action violates Articles 14 and 21 of the Constitution of India?", the Court's judgment stated..The Court made these observations while considering a petition filed by a Malappuram-based NGO called DHISHA highlighting the issues faced by the Chakkiliyan Community which is a backward/vulnerable community, who were allegedly denied access to cremation in a public graveyard.The NGO sought directions to the district collector of Palakkad and Puthur grama panchayat for measures to allow burial and cremation of persons belonging to the said community in the graveyard.The petition pointed out one particular incident of untouchability that led to access to a public crematorium being denied to a woman from the Scheduled Caste community. The Court was also informed that different communities were claiming separate burial grounds and the authorities concerned were granting licences accordingly. .The Court opined that in any public burial ground, mortal remains of all persons, irrespective of their communities, should be allowed to be buried, without any discrimination.However, it said that for the solitary incident reported, it cannot hold that there was discrimination..The Court, therefore, disposed of the petition with a suggestion to the State government to examine the issue of granting separate licences for different communities. .[Read Judgment]