Are crematoriums able to handle the load?: Bombay HC to BMC

MUMBAI: Taking “judicial notice” that furnaces at crematoriums in Mumbai are not in full working condition, the Bombay high court on Tuesday directed the BMC to reply with details of conditions at crematoriums in the city and the number of bodies cremated daily. It also directed the state government to apprise it of measures taken at crematoriums all over Maharashtra.
The directions by a bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni came while hearing three PILs on the shortage of Remdesivir injections, oxygen, beds and delays in releasing test results.
Advocate Simil Purohit urged for the scope of the PIL to be expanded saying crematoriums in Mumbai are unable to handle the current load and this had resulted in hardships to families. He said there are queues outside and few gas/electric furnaces are working. “Every time a Covid body is lying at a crematorium it increases the risk of a spread. There has to be dignity in death,” Purohit said.
The judges asked BMC how many gas/electric furnaces are available in Mumbai. “Are there any reports of congestion at crematoriums?” asked the CJ. Justice Kulkarni gave the example of Walkeshwar where the gas furnace is not working and where use is made of the “Indian method with wood and all.” “Why don't you (BMC) take steps to operationalise gas crematoriums?” he asked.
The judges also referred to the incident at Beed where Covid bodies were piled up in an ambulance and taken to the crematorium. They said the government will have to institute a mechanism for the state. “It can't be that bodies are lying or awaiting actual cremation at the crematoriums,” said Justice Kulkarni. The CJ added, “There must be alternative arrangement made. If there is no place at crematoriums, you should not be releasing bodies.” While the State's advocate said it’s the duty of the civic body to coordinate with the crematorium, the CJ said, “Don’t try to pass on the buck. Throughout the State all must work hand in hand.”
In their order, the judges said, “…we take judicial notice of the circumstance that some of the furnaces are not in proper working condition. BMC’s reply has to indicate “the present condition of the crematoriums that are in operation within its jurisdictional limits, the number of corpses that each of such crematoriums are dealing with daily and all ancillary matters in relation there to.” The State’s reply has to give “facts and figures.”