Restrictions on Cremation at Aivar Madhom Quashed

via HK published on July 7, 2015

Kochi: The Kerala High Court has ruled out any restriction during the course of practicing rituals according to one’s religion, when it comes to offering last rites and venerating one’s forefathers. The Court order quashed the petition put forth by Thiruvilwamala grama panchayat against performing of last rites in accordance with Hindu religion in Aivar Madhom in Pambadi, Thiruvilamala. The Court’s decisive verdict marks the ultimate victory of various organizations that held umpteen remonstrations seeking Hindu rights.  

According to Hindu ithihasa, Aivar Madhom is the place believed to be where Pandava brothers did the sacred rites in remembrance of their slain relatives, post Kurukshetra war. This explains the significance of the place in both religious and historical terms and the inflow of people who wanted to cremate the mortal remains of their loved ones at the place. However, a move by panchayat members four years back sought a ban on cremation of dead bodies that came from outside.

The directive, issued by a division bench comprising of Chief Justice Ashok Bhushan, Justice AM Shafeeq categorically stated that the rights bestowed by constitution cannot be questioned in anyway. “The nation’s Constitution has underlined full freedom for practicing and adhering to rituals and rites in accordance with one’s religion. People have full right to venerate their forefathers through sacred ceremonies. Therefore the petition submitted by Thiruvilwamala panchayat cannot be justified in anyway. If cremation is causing any environmental hazard, electric crematoriums can be constructed. If required, police protection must also be provided to the Kunjulli family who has been initiating these ceremonies since ages,” said the Court verdict affirming that the directive against cremation of bodies stood against the interests of Hindu customs and beliefs.

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