The Madurai Bench of the Madras High Court has directed the Tamil Nadu government to examine the need for a law to regulate funeral processions, including clear control measures and penal provisions, in the interest of public safety.
The direction came while hearing anticipatory bail pleas filed by Sanker, Ajithkumar and Chandrabose in a case registered by Perungudi police. The case relates to an incident near Alangulam, close to Madurai’s Perungudi, where a college bus carrying students was allegedly stopped during a funeral procession and the driver was assaulted, with damage caused to the vehicle.
Justice K.K. Ramakrishnan said the allegations were serious and could not be treated lightly. The court observed that participation in a funeral procession is a social and cultural practice, but it does not confer any right to endanger public safety or indulge in violence. Holding that custodial interrogation was necessary, the court dismissed the pre-arrest bail petitions.
The court noted that incidents such as blocking public roads and causing inconvenience during funeral processions have been increasing. While conducting last rites forms part of the right to life, the court said the right is subject to reasonable restrictions in the interest of public order and safety.
Referring to a 2024 DGP circular issued pursuant to earlier High Court directions—such as informing police in advance about time and route, coordinating with local bodies to clear garlands and other obstructions, and avoiding throwing garlands on roads or vehicles—the court said indiscipline continues. It asked the Chief Secretary to study the necessity of a dedicated law without unnecessarily curtailing the fundamental right to perform last rites, and to file a report. The matter was posted to July 31.
