Man Moves Court To 'Save' Wife's Grave In Shaheen Bagh, Denied Exclusive Rights

The man argued that, under Islamic traditions, another burial should not take place in the same grave until the earlier deceased's remains had completely decomposed.

The court said merely claiming that decomposition requires seven years was insufficient in the absence of scientific backing.

A Delhi court has ruled that no individual can claim exclusive rights over a grave in a public cemetery while deciding a dispute related to the Shaheen Bagh graveyard. The Saket Court dismissed a petition filed by a man seeking to prevent the reuse of the grave where his wife was buried.

Man Sought Seven-Year Protection For Wife's Grave

The petitioner told the court that his wife died in April 2021 and was buried at the Shaheen Bagh cemetery. He argued that, under Islamic traditions, another burial should not take place in the same grave until the earlier deceased's remains had completely decomposed.

He clarified that he was not seeking permanent ownership of the grave but only wanted it to remain undisturbed for seven years to preserve his wife's dignity and ensure a respectful burial.

No Scientific Proof That Decomposition Takes Seven Years: Court

Opposing the plea, the cemetery management argued that no person enjoys any legally or religiously enforceable exclusive right over a specific grave in a public cemetery. It also submitted that graveyard land in Delhi is extremely limited, making the reuse of older graves necessary.

District Judge Atul Ahlawat of the Saket Court observed that neither side had produced any scientific or reliable evidence establishing how long it takes for a human body to decompose completely.

The court said merely claiming that decomposition requires seven years was insufficient in the absence of scientific backing and, therefore, could not justify granting interim relief.

Public Land Cannot Be Reserved For Private Use

In its order, the court held that directing authorities to preserve a particular grave for several years would effectively create a private right over land meant for public use.

It observed that cemetery land serves the needs of the community, particularly the Muslim community, and cannot be reserved for the exclusive benefit of one individual.

Petitioner May Present Evidence During Trial

The court also referred to recognised Islamic legal texts, noting that while reopening graves is generally discouraged as it may affect the dignity of the deceased, Islamic jurisprudence also permits the reuse of burial space in cases of necessity.

However, the court clarified that its order pertains only to the petitioner's request for interim relief. It said the petitioner would be free to produce scientific or other credible evidence during the trial, and the court would consider such material in accordance with the law before deciding the main case.