SC seeks West Bengal govt's response on plea by poor tribal community alleging encroachment of ancestral crematorium

New Delhi [India], November 19 (ANI): The Supreme Court has issued notice to the West Bengal government on a petition filed on behalf of a group of poor tribal residents belonging to the Particularly Vulnerable Tribal Group (PVTG) of East Medinipur, who have accused a private company of attempting to encroach upon their centuries-old cremation ground.
The petition, argued by Dr Alakh Alok Srivastava, Advocate-on-Record, seeks urgent protection of the traditional crematorium of the tribal community, asserting that the land has been used since time immemorial for last rites and holds deep cultural and spiritual significance for them.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta, while hearing the Special Leave Petition Tarak Bag & Ors. vs. State of West Bengal & Ors., condoned the delay in filing and sought the State's response within four weeks.
The Court also stayed the effect and operation of the impugned Calcutta High Court order dated July 17, 2025, which had declined to grant relief to the petitioners .
The Bench directed that notices be issued to all unrepresented respondents and recorded that counsel for the private company appeared on caveat and accepted notice. The State government has been granted liberty to be served through its standing counsel.
Dr Srivastava, appearing for the tribal petitioners, submitted that the community is facing existential threats due to the alleged illegal encroachment and that the denial of their right to use the crematorium directly violates their constitutional rights, including the right to life, dignity, and cultural preservation. The matter will now be taken up after the West Bengal government and the private company file their counter-affidavits. (ANI)