Sanchayita Lahkar

The High Court of Meghalaya Division Bench of Justice I.P. Mukerji and Justice W. Diengdoh directed the State Government to obtain all necessary approvals for the construction of new electric hybrid crematoria within four weeks. It further mandated that relevant authorities expedite their assessments and approvals and that the State provide a status report on the implementation at the next hearing. The Court also instructed the Amicus Curiae to convene discussions with community representatives and district authorities to address the crematorium-sharing issue, with a comprehensive report due before the upcoming date of hearing.

This public interest litigation concerns the limited number of crematoria available in Meghalaya and the resulting challenges in ensuring dignified disposal of the deceased, particularly affecting the Khasi, Jaintia, and Hindu communities. The petitioner raised concerns about the acute shortage of cremation facilities in various regions of the State, emphasizing the logistical and communal barriers associated with the existing infrastructure.

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The crux of the issue is that although both the Khasi and Jaintia tribal communities and the Hindu community practice cremation, they are reluctant to share cremation grounds. This mutual reluctance, combined with the geographic spread and insufficient number of crematoria, has resulted in logistical hardships for families, particularly in remote areas.

During earlier proceedings, the Court had appointed Mr. N. Syngkon as Amicus Curiae to collaborate with district authorities in finding an interim solution, primarily by encouraging community dialogue to enable the sharing of cremation infrastructure. In response to Court directions, multiple efforts were undertaken, including stakeholder meetings between the Amicus and various district magistrates. However, as of the latest hearing, no substantive consensus had emerged from these dialogues.

In the interim, the State of Meghalaya had proposed a series of infrastructure initiatives, intending to build new electric hybrid crematoria in major locations across the State. These proposed locations included New Shillong Township (₹5.53 crore), Tura (₹4.69 crore), Jowai (₹5.16 crore), and Nongpoh (₹4.9 crore). As per the official report submitted by the government dated 27th March 2025, administrative approvals had been secured, but key environmental and technical clearances—such as from the Meghalaya State Pollution Control Board—were still pending.

The report also confirmed the completion of scientific (eco-friendly) crematorium projects in Syllei-Iawkein (for the Seng Khasi community), Nongstoin, Khlieh Tyrshi village in Jowai, and Jhalupara in Shillong. However, no definitive timeline was available for the completion or operationalization of the proposed projects, raising judicial concern regarding implementation efficacy.

The Court, in its previous orders dated 25th October 2024 and 4th March 2025, had instructed the State to actively pursue and report the progress of these projects. However, the latest filings revealed that only preliminary proposals had been mooted for certain regions, with concrete implementation still uncertain.

The ongoing communal sensitivities around sharing crematoria infrastructure remained unresolved. The Amicus Curiae noted that further engagements were necessary and sought additional time to submit a detailed report regarding the outcomes of the consultations.

The government's submission was taken on record, and the Court noted the importance of ensuring both infrastructural advancement and community harmony through pragmatic policymaking and inclusive stakeholder engagement.

The Court observed that “nothing concrete has taken place and only proposals at the initial stage have been mooted to these two communities to resolve the problem in the above way, as an interim measure.” It recorded that despite several meetings, the lack of substantial progress warranted judicial intervention and clear directives for implementation timelines.

Addressing the proposed crematoria projects, the Court recorded, “the report enumerates a few grandiose projects proposed to be undertaken by the government: to construct electric hybrid crematoria at New Shillong Township at a cost of ₹5.53 crore, at Tura at a cost of ₹4.69 crore, at Jowai at a cost of ₹5.16 crore and Nongpoh at a cost of ₹4.9 crore.” It further noted the current status as “administrative approval has been obtained but further approvals from other authorities like the Meghalaya State Pollution Control Board are awaited.”

In assessing the feasibility of these projects, the Court stated, “From this averment, it is clear that the date from which these crematoria will be operational is very very uncertain.”

Nonetheless, it acknowledged the development of some projects, stating, “the report also mentions completed projects i.e. scientific crematorium (eco-friendly) for Seng Khasi at Syllei-Iawkein, Nongstoin, Khlieh Tyrshi village, Jowai and Jhalupara in Shillong.”

Regarding interim solutions, the Court recorded that the Amicus Curiae was still in the process of persuading the Khasi, Jaintia, and Hindu communities to share facilities and mentioned the need for additional dialogue.

The Court issued the following directives:

“As far as the new projects are concerned, the State government is directed to obtain necessary approvals within four weeks from date. The approving authorities shall act accordingly.” This directive mandated immediate procedural action from both the State and approving bodies, with a binding timeline.

It also required periodic judicial oversight, stating, “It shall also indicate the progress of the project in the form of a report at the next hearing of this PIL.” This provision ensured accountability and transparency in project execution.

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To address the social dimensions of the issue, the Court further directed, “the Amicus Curiae shall hold meetings with the District Magistrates and representatives of the above communities so that they are persuaded to share crematoria on such terms as may be set by the District Magistrates acting in consultation with the Amicus Curiae.”

Finally, it mandated, “The Amicus Curiae shall also file a comprehensive report in this Court before the next hearing date.” This instruction was aimed at ensuring detailed documentation and judicial review of the ongoing community engagement process.

The matter was scheduled for further hearing on 8th May 2025.

Advocates Representing the Parties

For the Petitioner: Mr. N. Syngkon, Amicus Curiae

For the Respondents: Mr. K. Khan, AAG with Mr. A.H. Kharwanlang, Addl. Sr. GA, and Mrs. S. Laloo, GA

Case Title: Re-Seng Khasi Hima Crematorium Vs. State of Meghalaya

Case Number: PIL No.10/2023

Bench: Justice I.P. Mukerji, Chief Justice; Justice W. Diengdoh

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