In a significant ruling, the Punjab and Haryana High Court has directed the Punjab government to draft a policy with regard to cremation of unclaimed bodies. Passing the directions, a division bench comprising Chief Justice Tirath Singh Thakur and Justice Mahesh Grover has directed the state to constitute a committee for drafting the policy. The state has been given six weeks time to draft the policy and submit a status report in the High Court.

As per the order, the committee will comprise of Principal Secretary of Local Government, Health Department, Home Department and representatives of Railway Protection Force. The directions have been passed on a suo moto notice taken by the Chief Justice of a news report which appeared in The Indian Express highlighting neglected attitude of the Punjab government for which an NGO has to compensate.

Justice Tirath Singh Thakur had taken a suo moto notice on January 12 of the news item which had appeared on January 4 this year. The policy, the court has directed, will consider as to who will be responsible for cremating unclaimed bodies. Moreover, the committee will look into as to whether such unclaimed bodies be also given to medical institutes, expenditure to be incurred on cremation of each unclaimed body and action to be taken against the officials if they fail to perform their duties.

The news item had highlighted the efforts of a Ludhiana-based NGO, which cremates unclaimed bodies, which in fact is the responsibility of the government. Taking strong view of the attitude of the Punjab government, the High Court had issued notices to the government. “Being a welfare state, the state governments are duty bound to ensure that such mechanism is evolved so that whenever unclaimed bodies are found they should be kept in good condition before proper cremation. The matter in question is cause of such nature that may require suo moto proceedings by this Court” the Chief Justice had ruled.

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