The Meghalaya High Court has directed the state government to initiate the acquisition of land for common burial grounds accessible to people of all faiths. The directive was issued on July 7 by a division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh, while hearing a public interest litigation (PIL) concerning the shortage of burial spaces in the state.
The court observed that various communities, including the Khasis and Jaintias, are facing difficulties due to the lack of designated public cemeteries. The situation has been further complicated by inter-denominational disputes, with certain groups expressing reluctance to share privately-owned burial grounds with members of other denominations or faiths.
However, the bench noted a common ground: most denominations and religious groups are not opposed to sharing burial spaces that are acquired and maintained by the state, provided such spaces are meant for common use, irrespective of religious or tribal identity. This, the court stated, strengthens the need for the government to step in with a comprehensive and inclusive solution.
“Villages, or at least a significant number of them, have community land belonging to the village people in common. A part of it may be gifted for common burial purposes,” the court observed, indicating that local solutions rooted in tradition could complement state-level initiatives.
To this end, the High Court has directed the formation of a committee headed by the Chief Secretary of Meghalaya, which will serve as the nodal body to engage with all stakeholders. These include tribal councils, churches, community elders, and administrative officials. The court made it clear that the state must act swiftly to identify suitable land parcels and resolve disputes related to cemetery access and inter-faith burial issues.
The committee’s responsibilities will include:
Surveying available village or government lands suitable for cemetery use.
Holding consultations with community and religious leaders.
Drafting a clear policy for the establishment and maintenance of common burial grounds.
Addressing existing disputes over cemetery usage in a peaceful and lawful manner.
The court also directed the amicus curiae appointed in the case to file a report containing minutes of all stakeholder meetings, ensuring transparency in the process. These minutes will be submitted to the court for further review.
The issue of cemetery access and burial space shortage has been a long-standing concern in Meghalaya, particularly in urban and semi-urban areas like Shillong, where rapid population growth and land scarcity have increased pressure on traditional graveyards. In several instances, families have been forced to seek permission from private cemetery owners or travel long distances to bury their loved ones—situations that often lead to inter-religious tensions and legal complications.
Civil society organisations and religious institutions have repeatedly urged the government to step in, citing the emotional, spiritual, and logistical difficulties faced by grieving families when burial space becomes a matter of contention.