In a landmark ruling on Tuesday, the Supreme Court issued crucial directives governing the dignified cremation or burial of victims caught in the throes of ethnic violence in Manipur. A specially appointed committee reported that among the 175 bodies held in mortuaries, 169 have been identified, with 81 claimed and 88 unclaimed. To address this, the Manipur government earmarked nine specific sites for the final rites.
The bench, headed by Chief Justice DY Chandrachud, flanked by Justices JB Pardiwala and Manoj Misra, underscored the urgency of not allowing the bodies to linger indefinitely in mortuaries, given that the violence erupted in May 2023. The following directives were issued:
- Next of kin of identified and claimed bodies may perform last rites at any of the designated sites without interference.
- State authorities must inform next of kin of identified bodies by the upcoming Monday.
- Bodies identified but unclaimed should prompt state administration to communicate with next of kin by the following Monday.
- The state is authorized to conduct the burial/cremation of unidentified bodies with due observance of religious rites.
- The Collector and SP are empowered to ensure orderly last rites, maintaining law and order.
- DNA samples, not previously collected during autopsy, must be drawn.
- The state may issue a public notice, stating that unclaimed bodies will be subject to state-conducted last rites if not claimed within a week.
The court addressed concerns about bodies lying in Imphal, directing the state administration to facilitate the acceptance of bodies for last rites by next of kin in relief camps or other locations.
The directives followed a heated hearing marked by intense exchanges, notably between Senior Advocate Colin Gonsalves, representing the petitioners, and Solicitor General of India Tushar Mehta.
Chief Justice DY Chandrachud referred to a committee report indicating that certain civil society organizations in Manipur were obstructing the claiming of bodies by next of kin. The court rejected objections from tribal organizations, insisting that the burial should occur at unidentified sites, creating tension.
Despite objections, the court passed the directives, asserting that an “obstructionist” approach against the burial of bodies would not be tolerated, emphasizing the need to avoid exacerbating the situation over the deceased.
In a poignant exchange, Gonsalves emphasized tribal customs, advocating for the collective burial of bodies in a common grave. Other advocates, including Indira Jaising, called for respectful burial according to customary or religious practices, with DNA samples stored for potential use in criminal trials.
The court ultimately directed that the burial/cremation of bodies proceed “without interference from third parties,” seeking to ensure a respectful and peaceful conclusion to the tragedy.
