Maharashtra Human Rights Commission Slaps BMC with Rs 1 Lakh Fine Over Crematorium Crisis
The Maharashtra State Human Rights Commission (MSHRC) has issued a landmark order, directing the Brihanmumbai Municipal Corporation (BMC) to pay a substantial fine of Rs 1 lakh for its prolonged failure to provide a designated crematorium for the residents of Gorai, Manori, and Culvem villages. In a decisive move, the Commission has mandated the civic body to establish adequate and dignified cremation facilities within a strict three-month timeframe.
Beach Cremations and the Wait for Low Tide
For years, Hindu families in these coastal villages have endured immense hardship, forced to cremate their deceased loved ones on open beaches. Residents recounted the distressing practice of having to wait for low tide to perform last rites, a situation that starkly highlighted the absence of proper infrastructure. Although a temporary site was eventually allocated following community pressure, it critically lacked essential amenities and support systems, failing to meet basic standards for dignified disposal.
Commission Emphasizes Statutory Duty and Human Rights Violation
The MSHRC, taking cognizance of the issue in 2024, delivered a powerful rebuke to the BMC. The order, passed last month by a bench comprising Justice A M Badar, Chairperson of MSHRC, and Justice Swapna Joshi, Member, was formally addressed to the Chief Secretary and the BMC Commissioner. It unequivocally stated that ensuring the dignified disposal of human remains is a fundamental statutory responsibility of the municipal corporation under the Municipal Corporation Act.
The Commission ruled that the BMC's inaction constituted a clear violation of the human rights of the villagers. The imposed Rs 1 lakh fine is to be paid to the Maharashtra State Legal Services Authority as a penalty for this neglect. The order explicitly instructs the BMC Commissioner to, within three months, fulfill its duty by providing places owned and registered by the BMC for the disposal of both claimed and unclaimed dead bodies in the specified villages.
Geographic Isolation and Community Efforts
The villages of Gorai, Manori, and Culvem are geographically separated from mainland Mumbai by a creek, which has historically contributed to the neglect of essential civic amenities. The Commission noted that while other religious communities residing in the area have designated places for last rites, Hindu residents were systematically deprived of this basic facility.
Faced with administrative apathy, local residents, supported by the Gorai Welfare Association, Borivli MLA Sanjay Upadhyay, and corporator Shiva Shetty, took matters into their own hands. They managed to secure an empty government-owned plot for use as a crematorium. However, this community-driven solution remains inadequate, lacking the necessary infrastructure, boundary walls, water supply, and other support systems required for a fully functional facility.
Residents Demand Expedited Action
Local residents have welcomed the MSHRC order but stressed the urgent need for its swift implementation. They have called upon the BMC to expedite the entire process to deliver a fully operational, permanent crematorium without further delay. The community's struggle underscores a broader issue of equitable access to civic infrastructure for all citizens, regardless of their location within the metropolitan region.
This directive from the state human rights body sets a significant precedent, holding a powerful municipal corporation accountable for failing to provide a fundamental service that respects both cultural practices and basic human dignity.
