The Karnataka High Court on Monday sought a response from the state government regarding permission and other legal aspects related to the burial while hearing a petition regarding the alleged unauthorized burial of a woman’s body in a man’s residential building.
The Suraj Govindaraj bench heard a petition filed by Gopala Gowda, a resident of Thorandahalli in Kolar, stating that his son and daughter-in-law had had quarrels and several legal actions between them since their marriage in 2022. They were living apart from each other for about two years when she died by suicide in 2024 at her parents’ house, 25 km from Gowda’s family home, according to the petition.
The daughter-in-law’s relatives have filed a case against Gowda and his family members under the Bharatiya Nyaya Sanhita sections relating to death and cruelty on account of dowry, as well as the provisions of the Dowry Prohibition Act.
The Supreme Court petition states that in August 2024, the woman’s brothers trespassed into Gowda’s house with the help of an organization known as Mahila Sanghatana and buried her in a grave close to the main door and water trough of the house.
Gowda approached the Supreme Court after his representation before the authorities, including the tehsildar and assistant commissioner, to exhume and cremate the woman’s body, failed to get any result.
Gowda argues that the assistant commissioner’s order, which did not accept his request, was against the law because under Section 95 of the Karnataka Gram Swaraj and Panchayat Raj Act, a body cannot be cremated or buried within 100 meters of a house or a source of drinking water.
The petition also argues that the presence of the body could contaminate his pond as well as his cousin’s family well, while the village pond used by villagers and livestock was only 40 meters away and could be contaminated. She also points out that for religious reasons, the family was also unable to stay in the house after the burial.
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The Supreme Court bench orally asked whether the burial could be conducted in this manner. The matter will be heard again on November 24.
(Tags for translation) Karnataka High Court
