The Supreme Court on Thursday heard a contentious dispute concerning the establishment of a crematorium near the Isha Yoga Center in Coimbatore, with local residents alleging violation of their fundamental rights due to environmental and cultural impact.

Appearing for the petitioner, Prashant Bhushan submitted that the local tribal community traditionally buries the dead and does not practise cremation. He alleged that bodies were being brought from Coimbatore city and cremated at the site, causing continuous stench and distress to residents. According to him, the practice was being imposed on local tribals, infringing their right to a dignified and healthy living environment.

Responding to the submissions, Chief Justice of India Surya Kant observed that burial itself has become an expensive affair and remarked that the activities undertaken by the Isha Foundation could not be characterised as a religious service.

The Bench observed that the facility had been established to prevent unregulated cremation of bodies. When Bhushan reiterated concerns about stench affecting fundamental rights, Sr Adv Mukul Rohatgi, appearing for the Isha Foundation, countered by pointing out that several crematoriums, including those in central Delhi, exist close to residential areas.

As the exchange continued, the Bench drew parallels with densely populated and unplanned cities where cremation grounds function close to homes, including areas along the Ganges. Emphasising the need for a pragmatic resolution, the Chief Justice noted that, on the Court’s suggestion, both parties were agreeable to exploring an amicable settlement. The Court proposed compensation enabling the petitioner to purchase a residential house at another place of his choice.

To facilitate the process, the Supreme Court requested Justice Raveendran to act as a mediator. The parties were directed to consult the mediator by the next day, with the mediator also tasked with preparing a fee schedule. The Court urged both sides to make earnest efforts to resolve the dispute amicably.