SC seeks Bengal reply on plea alleging private firm’s encroachment of tribal cremation ground

The Supreme Court on Wednesday sought an explanation from the West Bengal government on a petition filed by members of a Particularly Vulnerable Tribal Group (PVTG) from East Medinipur, believed to be from the Lodha community. The petitioners have accused a private company of attempting to encroach upon their centuries-old cremation ground, which they say holds deep cultural and spiritual significance for their tribe.

The petition, argued by Advocate-on-Record Dr. Alakh Alok Srivastava, states that the cremation ground has been used by the tribal community “since time immemorial” and holds deep cultural, historical and spiritual importance.

For generations, the land has served as the site for their last rites, and the petitioners contend that any interference threatens their identity and continuity. They argue that the alleged encroachment violates their fundamental rights, including the right to life, dignity and cultural preservation.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta, hearing the Special Leave Petition Tarak Bag & Ors. vs. State of West Bengal & Ors., condoned the delay in filing and issued notice to the State. The Court directed the West Bengal government to file its response within four weeks and allowed service through its standing counsel.

The Bench also stayed the operation of the Calcutta High Court’s July 17, 2025 order, which had declined to grant relief to the petitioners. Notices were ordered to be issued to all unrepresented respondents. Counsel for the private company appeared on caveat and accepted notice on its behalf, and the company has been asked to place its counter-affidavit before the Court.

Dr. Srivastava submitted that the alleged illegal encroachment has created an “existential threat” for the PVTG community, as denying them access to their ancestral crematorium would sever a crucial link to their heritage and customs.

The matter will be taken up again after the State government and the private company file their responses, following which the Supreme Court will consider the next course of action.