Manipur violence: SC directs disposal of unclaimed bodies, tells state to give kin one week’s notice

As reported by The Indian Express, the SC-appointed panel of retired High Court Judges had expressed concern over victims’ relatives facing “pressure” from civil society organisations to not accept the bodies, and urged the apex court to intervene. As of October 7, 175 people were reported to have been killed in the state. Of these, 94 bodies, including six which are unidentified, are lying unclaimed in the state’s mortuaries.

“The state is permitted to issue a public notice indicating that if bodies which are identified are not claimed within one week of the notice, the state shall carry out burial/ cremation after expiry of one week,” a three-judge Bench presided by Chief Justice of India D Y Chandrachud said.

“The next of kin of bodies which have been identified and claimed may carry out the performance of the last rites… at any of the identified nine burial sites without any… interference by any party whatsoever,” the Bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

“The state authorities shall intimate the next of kin of the identified bodies which have already been claimed in regard to the nine burial sites which have been made available… This exercise shall be carried out on or before December 4,” it said.

“As regards bodies which have been identified but not claimed, the state administration shall issue a communication to next of kin on or before December 4 intimating that they are permitted to carry out the last rites together with requisite religious observances within a period of one week thereafter at any of the nine burial/ cremation sites,” it said.

“In the event that DNA samples have not been drawn when the autopsies were conducted, the state shall ensure the drawing of such samples before the process of burial/cremation takes place,” it said.

Some of the parties said many bodies were lying in mortuaries in Imphal while their families were in areas like Churachandpur. Taking note, the court said: “State administration may take necessary facilitative steps so that next of kin in relief camps or otherwise are able to access the bodies… the chief secretary together with the state administration shall take an appropriate decision in this regard.”

Referring to the October 21 report of the SC-appointed committee headed by Justice Gita Mittal (retired), the CJI said: “So there are 94 bodies which are not claimed, whether identified or not… what the committee is saying is the next of kin of those identified bodies are willing to take these bodies… but some civil society organisations are preventing (them)… from carrying out this exercise”.

The report said that while the state government had identified nine burial sites, the “civil society organisations… are insisting on burying the bodies at unsuitable spots in a collective burial which would serve as a source for constant mounting of tensions between the communities in Manipur and preventing restoration of normalcy”.

Senior Advocate Colin Gonsalves, appearing for some Kuki outfits, said the report “may be slightly dated”. “Because a meeting between tribal communities and the Home Ministry took place the day before yesterday and ended yesterday. According to my instructions… unanimity on both sides as to where the bodies will be cremated. We are eager to get the bodies,” he said.

The Manipur Advocate General said there was a meeting, but added that he would have to take instructions on what was decided.

Solicitor General Tushar Mehta, who appeared for the Centre as well as the state, said if the families wanted to carry out the last rites at any of the nine sites, nobody could object.

Advocate Vrinda Grover, appearing for some petitioners, said they had sent representations, including to the committee. “Has that come on record? … I don’t know which are those sites,” she said.

Saying that “we don’t want to keep the pot boiling on dead bodies”, the CJI told the SG: “They have a point, which are those burial sites, how will you publicise them?”

The SG responded that the families are informed in writing, as public advertisements would invite crowds.

As Gonsalves repeatedly intervened, the CJI said: “We are trying to fix the modalities…it seems you don’t want a solution to this matter”. The CJI said the court wanted to pass an order today.

Protesting, Gonsalves said: “Please don’t do (so) without us seeing the report. That would not be fair to us”.

“Frankly, it appears, the idea is only to keep the pot boiling,” the CJI responded.

Gonsalves said he would agree if he was told about the nine burial sites. “According to our Kuki customs, we will bury them all in a single mass burial site. That is our demand… They did not die as ‘x’ or ‘y’, but collectively as a tribe that was exterminated. And we will do it collectively,” he said.

Senior Advocate Indira Jaising, appearing for some petitioners, said the last rites have to be held with dignity, as per the customary or religious practices. She also suggested that the DNA samples be drawn for being used as evidence. “If these are put on affidavit… I have nothing more to say,” she said.

The SG agreed to both suggestions.

Saying that even if the families wanted to claim the bodies, they were being “threatened” by “these groups”, Mehta urged the court “to provide that if the next of kin want to take the body for dignified and decent burial, then nobody would come in the way. And if they come in the way, police will have to take necessary action”.