"There may be people who believe they are best, but before the court, everyone is equal," the Bombay High Court observed on Monday while asking the state government to identify a plot of land between Dahisar and Khar by Friday, which can be allotted for a Christian cemetery.
A division bench of Chief Justice Manjula Chellur and Justice M S Sonak said, "The administration should show the public that they believe in secularism, unity in diversity, and we all are united in faith." The court gave the direction while hearing a public interest litigation filed by United Christian Community Centre, claiming that the government had, after revoking the previous allotment of 12,500 square meters of land in Goregaon for a Christian cemetery, allotted a smaller plot ad-measuring 2,500 square meters. However, it failed to hand over the possession.
The bench said the government has to come out with a solution. "When it deems to be a secular state, we cannot forget that all communities should be treated equally. The community's requirement for a cemetery can be seen from the records of its population," the court said.
The central hall courtroom was packed with members of the Christian community, including the Bishop. Advocate Yeshwant Shenoy for the petitioners argued that the community looks at the court as a temple of justice and, thus, members have come on their own from different parts of the city and neighbouring districts to witness the proceedings.
The bench said, "The state should show respect to the departed souls and I don't think any authority will have any problem on that." The court also suggested that a representative of the Bishop coordinate with the officials of the Urban Development Department and the Diary Development department to oversee the identification of plot of land for a cemetery.
"If the government does not do it, then we know how to get it done. Don't compel us to be not polite, don't invite such things," the bench warned. On the last occasion, the court had rapped the government by saying, "Don't be a dictator, we live in a democratic society, we live in a secular state. You (government) cannot distinguish on basis of religion."
Shenoy had argued that other communities, such as the Hindus and the Muslims, have been allotted land for a cemetery, but not the Christians. Further, he argued that from Dahisar to Khar, there is no place available for Christian cemetery. The government has discriminated against the Christian community by not allotting even a single burial ground since 2000, thereby depriving the community its rights of proper a burial.
As per the plea, Brihanmumbai Municipal Corporation had, in 2014, identified a plot of land for the cemetery but it was not handed over. In 2016, a reservation was notified but in 2017, the department of animal husbandry refused to hand over the plot.
The plea prays for directions to the government to allot land in Goregaon, which was originally conceived and notified. It also prays for the corporation and government to identify a plot of land for a burial ground in every ward or legislative constituency for the Christian community.
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