Meghalaya High Court: A Single Judge Bench of S.R. Sen, J., was deciding a matter related to the indigenous Seng Khasi people not being able to cremate their dead due to destruction of their cremation site by some members of another community.
The Court observed that,“If the water that we drink does not ask about our faith, caste and religion; if the air that we breathe do not ask about our faith, caste and religion; and if the land where we all live do not ask about our faith, caste and religion; if the cosmos do not ask about our faith, caste and religion, then who are we to ask about others faith, caste and religion. Therefore, let the dead rest in peace.”
Giving reference of Clause (h) of Article 51-A which talks about humanity, the Judge further added that, “if the blood of a Khasi, Bengali and Nepali or any other person is mixed together, no science has established any methodology to distinguish the blood whether it belongs to a Khasi, a Bengali or a Nepali and it is an undisputed fact that the blood of all human beings is red, no matter what faith, caste or religion he or she belongs to, so why so much difference.”
The judgement laid orders for the Deputy Commissioner to demarcate the area for the cremation site and undertake steps for its creation. [Seng Khasi Mylliem v. Shri. Midnightborn Kharlukhi, 2017 SCC OnLine Megh 371, decided on 07.12.2017]
