S.R.Sen - (1.) Heard Mr. H.S.Thangkhiew, learned Sr. counsel and Mr. T.T.Diengdoh, learned Sr. counsel assisted by Ms. A.Thangkhiew, learned counsel on behalf of the petitioner. Also heard Mr. K.Sunar, learned counsel on behalf of the respondents. Both the petitioner as well as the respondents are present before the Court today.
(2.) The petitioner's case in a nutshell is that: "The right to profess and practice religion of their choice is one of the most cherished fundamental rights and is enshrined in Articles 25 and 26 of the Constitution. This fundamental right extends to matters of opinion, doctrine or belief and also to outward expression of these opinion, doctrine and belief. Religious practices or performance of acts in pursuance of religion are as much a part of religion as faith or belief in particular doctrines. Thus if the tenets of a religion lays down that certain rites and ceremonies are to be performed at certain times and in a particular manner, such religious rites and practices are also covered within the rights guaranteed under Articles 25 and 26 of the Constitution. Among the followers of Niam Khasi religious faith, like the Hindus, disposal of the dead is effected by cremation. Among Muslims, Jews and Christians, it is done by burial. Right to dispose of dead bodies in a particular manner with particular rites in consecrated places is part and parcel of a religion and is protected in the penumbra of the right to profess and practice one"s religion. The residents of Mylliem belonging to Niam Khasi religious faith were all these years facing great difficulty in cremating the dead because there was no cremation ground and no cremation facilities for them in Mylliem. They faced great difficulties because of denial of a cremation place in the village. The village authorities and other village people did not allow cremation to take place and the dead bodies had to be taken to some other place at considerable distance to complete the last rites. In the past 6 Seng Khasi families even buried their dead instead of cremating. As there was a genuine need for a cremation ground, the petitioner as far back as in the year 2000 by letter dated 12th October, 2000 had prayed before the Headman and Durbar of Syllai U Lor, Mylliem for a space for cremation in the common village land which was also used for burial. However, this was rejected without any reason being ascribed by the village authorities by letter dated 21.11.2000. Faced with the scenario the members of the Seng Khasi Mylliem prayed before the Durbar U Lyngdoh Raid Mylliem (durbar of local priest of Mylliem area) for a small piece of land to perform the cremation and to construct a "Kpep Thangbriew" (Crematorium). Thereafter, "Durbar of Ki Bakhraw na U San Kur Khatwei Kurka Raid Mylliem" (the Durbar of the Elders/Nobles of 5 and 11 clans of Mylliem Area) was pleased to allot a plot of land measuring 30 Ft. X 30 Ft. Vide a document dated 10.07.2010 for construction of a crematorium. This settlement and allocation was confirmed and recognized by the Syiem of Mylliem who issued a certificate dated 10.07.2014. The said plot of land is Raid Land, controlled and owned by "Durbar of Ki Bakhraw na U San Kur Khatwei Kurka Raid Mylliem" and is at a distance of about 2 KMs from the residential areas. The followers of Niam Khasi faith in Mylliem area under the aegis of the Seng Khasi Mylliem then started mobilizing their meagre resources to start this construction and finally it was decided to lay the foundation stone and to perform rituals on the piece of land on 24.09.2016. On the said day when the members of Niam Khasi faith were getting ready to perform the rituals and to unveil the foundation stone the respondent No. 1 to 4 along with a mob of people numbering about 50, all of them Christians, came and abused the people congregated there and apart from issuing threats, also desecrated the items prepared for the rituals, smashed the plaque and destroyed the foundation stone. Faced with the situation, the people congregated there had to leave the place. The matter was brought to the notice of the police vide FIR dated 24.09.2016, however, the police also failed to take any action. In the intervening period, the respondent No. 1 to 4 organized a meeting in Rngi Mylliem on 01.10.2016 wherein they instigated the people of Mylliem calling upon them to not allow construction of their cremation ground in Mylliem and to take drastic action and take law in the their hand to opposed construction of cremation ground. They also instigate the people against the followers of Seng Khasi faith. Thereafter on 15.10.2016 again, another meeting was convened by the respondent No. 1 to 4 again issued public threats and boasted that they cannot be arrested. The inaction of the authorities was also reported to the Commissioner and Secretary vide letter dated 05.10.2016 but no action or inquiry was forthcoming except for some cursory police investigation. In another shocking incident, on 6th November, 2016, when the followers of Niam Khasi/Seng Khasi went to the Sacred Seng Khasi Hall for prayers, they found that some people had defecated in the entrance of the hall and several window panes had been broken. This was reported to the police but no action has been taken by the police. The incident was also reported in the local newspapers. The respondent No. 1 to 4 and their supporters are depriving the followers of Niam Khasi faith of their fundamental right to profess and practice their own religion. Till date the followers of Niam Khasi faith in Mylliem have not able to construct a crematorium and at times are forced to bury their dead or they have to take the dead bodies a far distance for cremation. They are not able to perform the last rites of cremation and other connected last rites which are one of the most important religious rites and practices of the person following Niam Khasi religious faith. The State respondents have also failed in it sublime constitutional duty of enforcing the fundamental rights of the petitioners enshrined in Articles 25 and 26 of the Constitution of India by providing a separate cremation ground to the followers of Niam Khasi in Mylleim area."
(3.) Mr. H.S.Thangkhiew, learned Sr. counsel submits that the people who belongs to the indigenous faith (Seng Khasi) and were permanent residents of Mylliem Village from time immemorial, were using a plot of land meant for cremation, but unfortunately, the respondents for the reasons best known to them came and dismantled the cremation site, which hence, compelled the petitioner to approach this Court.;