JUDGMENT : Deepak Roshan, J. Petitioner has filed the instant writ petition praying therein for the following reliefs:- (i) For issuance of an appropriate writ/order/direction, including Writ of Mandamus, directing the Respondent-State authorities, particularly Deputy Commissioner, Dhanbad and Senior Superintendent of Police, Dhanbad (Respondent Nos. 2 and 3 respectively) to maintain adequate law and order situation at the Main Gate/premises of the Petitioner-Maithon Power Limited, including ensuring prohibition from staging of protests, laying of dead bodies of workmen, etc. in front of the Factory Gate of the Petitioner. (ii) For issuance of further appropriate writ/order/direction, including Writ of Declaration declaring that the activity of generation of electricity undertaken by the Petitioner-Maithon Power Limited falls within the category of ‘Essential Services’ and, thus, it is the responsibility of the Respondent-State of Jharkhand, including its officials to ensure that no hindrance is created in carrying out the aforesaid ‘Essential Services’ of generation of electricity, more particularly, preventing from laying of dead-bodies of workmen and consequently staging of protests/dharnas in front of the Factory Gate of the Petitioner-company. 2. Brief facts of the case as per the pleadings are that Petitioner is a Joint Venture entity of Tata Power Company Ltd. and Damodar Valley Corporation Ltd. having shares of 74:26 per cent respectively and has already set-up a Power Station/Power Plant at Maithon in the District of Dhanbadhaving capacity of 1050 M.W. which started commercial production in the year 2011. 3. For the purpose of setting up the Power Plant, approximately 564 acres of land was acquired in favour of Damodar Valley Corporation Ltd. under the Land Acquisition Act, 1894 and Petitioner formulated a Rehabilitation and Resettlement Scheme, wherein it agreed to provide regular employment opportunity to all land losers or home losers or their dependents through Contract Labour entity working under the Petitioner. It was further provided, inter alia, that in lieu of such employment, one time compensation was to be paid to Project affected persons, and, it is the case of the Petitioner that at present about 250 employees are working in direct role of the Petitioner and about 2500 employees including around 800 Project affected persons are working through the Contract Labour entity employed by Petitioner in terms of the Contract Labour (Prohibition and Abolition) Act, 1870. 4. 4. The further case of the Petitioner is that since establishment of its Generating Plant, it is facing continuous hindrances in running its Plant especially under the circumstances, when one or the other employees working under the Petitioner or its Contractor die during subsistence of employment period. The further case of the Petitioner is that there are approximately 2500 employees working in Petitioner’s Plant and due to natural phenomena of illness, employees succumb to death during subsistence of their employment and such deaths are natural deaths and not due to accident death caused during the course of employment. However, despite the fact that death of one or the other employees occurs due to natural phenomena as a natural death, Petitioner is continuously facing immense problem when such death occurs, in asmuchas, dead-body of the deceased employee is brought and kept at Main Gate/ Factory Gate of the Petitioner thereby hindering the entire activities of ingress and outgress of the Petitioner’s Power Plant which has massive restriction upon the people working in Power Plant of Petitioner including movement of raw materials, and, essential activity pertaining to generation of electricity comes to a complete stand-still during such protests. 5. Petitioner, by way of example, has stated instances pertaining to death of one Bijay Kisku, a 39-years old Project Affected Person (PAP), who died on 29th August, 2023 after suffering from illness, as a natural death. It has been stated by the Petitioner that consequent upon death of said employee Bijay Kisku, which was a natural death due to illness, local activists and so-called local leaders-cum-politicians instigated that dead-body of the deceased employee be brought to Main Gate of the Power Plant and, thereafter, protesters placed the dead-body at the Main Gate at around 8.00 A.M. on 30th August, 2023 and started demanding monetary compensation of Rs. 25.00 Lakhs in lieu of death of the said employee. It has been further stated that due to aforesaid activity of placing the dead-body in front of Main Gate of Petitioner’s Plant, the entire activity of ingress and outgress of Petitioner’s Plant was stopped and even several employees were stranded in the factory premises almost for a period of three days when, ultimately, the dead-body of the deceased was removed from the Main Gate on 3rd September, 2023 with the intervention of District officials. 6. 6. Similar example has been given by Petitioner in respect of one another employee, namely, Sunil Murmu who died due to natural death on 25th October, 2023 and it has been stated that despite imposition of prohibition under Section 144 Cr.P.C. by District administration prohibiting placement of dead-body in front of Main Gate of Petitioner’s factory/plant, dead-body of the deceased employee namely, Sunil Murmu was again placed in front of Main Gate of the Petitioner’s factory and was, ultimately, removed by protesters at late evening of 26th October, 2023. 7. Mr. Sumeet Kumar Gadodia, learned counsel appearing for petitioner vehemently submits that Petitioner has been compelled to file the present writ petition in view of repeated incidence of law and order problem which is occurring in the factory premises of the Petitioner on instigation of local politicians-cum-protesters, wherein entire essential services including generation of electricity not only comes to a stand still, but even employees working in Petitioner’s premises are under threat, as they are stranded in the factory premises for days together without having adequate availability of resources for their survival. It has been submitted that District administration although cooperates in handling the said law and order situation, but in spite thereof, such protests along with dead-body have a devastating effect on the working of the Petitioner-industry, and, its employees are facing continuous sense of fear of any untoward incidence due to aforesaid protests causing harm and danger to their lives. 8. Mr. Gadodia, while referring to the decision of Hon’ble Supreme Court in the case of AshrayAdhikarAbhiyan Vs. Union of India & Ors., reported in (2002) 2 SCC 27 , stated that Hon’ble Apex Court, in the aforesaid Judgment, has issued direction for a decent burial or cremation of unclaimed dead-body. It has been further submitted that by placing reliance upon the said Judgment, State of Rajasthan as well as State of Haryana have enacted ‘The Rajasthan Honour of Dead Body Act, 2023’ and ‘The Haryana Honourable Disposal of Dead Body Act, 2024’ respectively, wherein prohibition has been incorporated prohibiting use of dead-body for remonstration. By placing reliance upon the aforesaid Statutes, it has been submitted that under the aforesaid Statutes, respective State Government has incorporated stringent provisions for prohibiting use of dead-body for remonstrationand even penal action has been incorporated under the said Statutes against the persons involved in such activity. By placing reliance upon the aforesaid Statutes, it has been submitted that under the aforesaid Statutes, respective State Government has incorporated stringent provisions for prohibiting use of dead-body for remonstrationand even penal action has been incorporated under the said Statutes against the persons involved in such activity. It has been further submitted that right to live with dignity has been recognized as a fundamental right under Article 21 of the Constitution of India and right of providing decent burial or cremation to a dead-body of a person is akin to be part of the right of such dignity, and, it is the responsibility of the State Government to ensure that there should not be any incidence of remonstration of dead-body of a person and a decent burial or cremation of dead-body should be ensured by State Government. 9. Per contra, learned A.C. to A.A.G-III by placing reliance upon the Counter Affidavit has submitted that it is not in dispute that several incidences of remonstration of dead-body are happening in the State of Jharkhand including incidence of placing dead-body near Main Gate of Petitioner’s factory premises. However, it has been submitted that as and when such incidence occurs, District administration takes proactive steps and ensures that dead-body is removed from the Main Gate and, thereafter, given a decent burial or cremation. It has been fairly stated that remonstration along with dead-body of a person is contrary to the dignity of the said dead person, and, the right to accord a decent burial or cremation is akin to right to live with dignity and is a facet of Article 21 of the Constitution of India. 10. Having heard learned counsels of the parties and upon consideration of relevant facts and circumstances of the case, this Court is of the opinion that incidence of remonstration along with dead-body of a person with unjustified demand is a rising trend in the country and this Court takes judicial notice of the fact that such incidences are also repeatedly happening in the State of Jharkhand also. 11. Hon’ble Supreme Court, in the case of ‘Ashray Adhikar Abhiyan’ (supra) has taken cognizance of the complaint letter written by Members of Ashray Adhikar Abhiyan regarding right of a deceased to a decent burial. 11. Hon’ble Supreme Court, in the case of ‘Ashray Adhikar Abhiyan’ (supra) has taken cognizance of the complaint letter written by Members of Ashray Adhikar Abhiyan regarding right of a deceased to a decent burial. The complaint was treated to be a ‘writ petition’ and Hon’ble Apex Court, after noticing the fact that unclaimed dead-body is cremated in a decent manner by Municipal Corporation of Delhi, was pleased to close the said PIL. However, from the ratio of the said Judgment, it would be evident that Hon’ble Supreme Court has considered the right of a decent burial to the dead-body of a person as per religious belief as an important duty which the State has to ensure, especially in cases of unclaimed dead-bodies. Taking lead from the said Judgment, the State of Rajasthan enacted the ‘The Rajasthan Honour of Dead Body Act, 2023’, wherein provisions have been incorporated prohibiting use of dead-body of a person being used or likely to be used by unlawful assembly of family members for remonstration. Sections 7 and 8 of the said Act of 2023 reads as under:- “7. Power of Police Officer to take possession of the dead body.—(1) Whenever an Officer-in-charge of the Police Station has reason to believe from personal knowledge or otherwise and taken down in writing that any dead body is being used or likely to be used by unlawful assembly or family members for remonstration, he shall tazke possession of the dead body and information to this effect, shall be sent immediately to the concerned Executive Magistrate and District Superintendent of Police. (2) After taking possession of the dead body, the Officer-in-charge of the Police Station shall send the body to the nearest Hospital authorized by the Government to conduct post mortem examinations; if so warranted. 8. Power of executive Magistrate.—(1) The concerned Executive Magistrate, after receiving the information under section 7 shall send the notice, in the manner as may be prescribed, to the family members of the deceased for the last rites of the dead body. 8. Power of executive Magistrate.—(1) The concerned Executive Magistrate, after receiving the information under section 7 shall send the notice, in the manner as may be prescribed, to the family members of the deceased for the last rites of the dead body. (2) Whenever an Executive Magistrate is satisfied on a report of a police officer that the family members are not willing to perform the last rites of the dead body, he shall make a conditional order to the family members to perform the last rites of the dead body within 24 hours: Provided that the Executive Magistrate may extend the time if he is satisfied that family members have sufficient cause for not performing the last rites of the dead body: Provided further that if the family members do not perform the last rites of the dead body, the last rites shall be performed by the Public Authority. (3) Whenever the Executive Magistrate has reason to believe that, an unlawful assembly has gathered or is likely to be gathered for remonstration, within his jurisdiction, he may use the power prescribed under section 129 to 132 of the Code, by issuing an order in writing, stating the grounds of his opinion. 12. Similar enactment has been framed by the State of Haryana being ‘ The Haryana Honourable Disposal of Dead Body Act, 2024’ and Sections 6 and 7 of the said Act is quoted hereunder for ready reference:- “6. (1) Whenever, an officer-in-charge of the Police Station has reason to believe from personal knowledge or otherwise, to be recorded in writing, that any dead body is likely to be used by any family member or a group of persons or is being so used, for remonstration, he shall take possession of the dead body and immediately send information to this effect to the District Superintendent of Police and the Executive Magistrate concerned. (2) After taking possession of the dead body, the officer-in-charge of the Police Station shall send the dead body immediately for postmortem. 7. (1) The Executive Magistrate concerned, after receiving the information under section 6, shall give a notice to a family member of the deceased for taking custody of the dead body and to perform the last rites of the dead body. 7. (1) The Executive Magistrate concerned, after receiving the information under section 6, shall give a notice to a family member of the deceased for taking custody of the dead body and to perform the last rites of the dead body. (2) Whenever, an Executive Magistrate is satisfied on a report of a police officer or the response received to the notice issued under sub-section (1) that the family member is not willing to perform the last rites of the dead body, he shall issue an order to the family member to perform the last rites of the dead body within such time, as mentioned in the order which shall not be later than twelve hours, and also to remove the unlawful obstruction, if any, from public place with immediate effect: Provided that the Executive Magistrate may, if unlawful obstruction is removed, extend the time to perform the last rites of the dead body, if he is satisfied that the family member has sufficient cause for the same: Provided further that if the family member does not perform the last rites of the dead body within the specified period or the extended period, the Executive Magistrate shall direct any officer of the Urban Local Body or Gram Panchayat concerned or any other officer, as he deems fit, to perform the last rites within the next twelve hours. (3) The order made by the Executive Magistrate under sub-section (2) shall not be called in question in any court of law.” 13. In the opinion of this Court, the right to live with dignity also includes therein the right to be treated with dignity upon death. Human dignity, with which living human being is expected to be treated, should also be extended to a person, who is dead and the right to accord decent burial or cremation to the dead body of a person, should be treated to be a part of right to such dignity. 14. This court is of the firm opinion that the right to accord decent burial or cremation to a dead-body of a person is a necessary facet of right to life, as enshrined under Article 21 of the Constitution of India and dead-body of every person is to be accorded a decent burial or cremation as per their religious belief. 15. This court is of the firm opinion that the right to accord decent burial or cremation to a dead-body of a person is a necessary facet of right to life, as enshrined under Article 21 of the Constitution of India and dead-body of every person is to be accorded a decent burial or cremation as per their religious belief. 15. In my opinion, it is obligatory for the State to ensure that a deceased person receives a decent burial or cremation as per his/her religious belief. Aforesaid obligation of the State is not only in respect of a deceased homeless person, but also in respect of deceased person having family. 16. Facts of the present writ application clearly demonstrate that incidences of remonstration with dead-body of a person for unjustified demand are increasing in the State and there are no adequate provision in the existing law to prevent such incidences of remonstration. 17. In view of aforesaid cumulative facts and circumstances of the case, this court is of the opinion that adequate direction is required to be given to the State of Jharkhand to ensure that dead-body of a person is not used either by his/her family member or by a group of persons for remonstration and it is open for the State to come-up with adequate legislation preventing such incidences. However, since this court has already held that dead-body of a person has the fundamental right of being accorded decent burial or cremation, following directions are given:- (i) Whenever the Officer-in-charge of a Police Station has reasons to believe, which is to be recorded in writing, that any dead-body of a person is being used and is likely to be used by unlawful assembly or family members for remonstration, he shall take possession of the dead-body and immediately send information in this regard in writing to District Magistrate/Deputy Commissioner and Senior Superintendent of Police/Superintendent of Police of the concerned District. (ii) The Officer-in-charge, after taking possession of the dead-body, shall send the dead-body to nearest Govt. Hospital for having adequate facility of storage of dead-body.. (iii) The District Magistrate/Deputy Commissioner, after receiving information from the Officer-in-charge of the Police Station, shall inform the family members of the deceased requesting them to conduct the last rites of the deceased. (ii) The Officer-in-charge, after taking possession of the dead-body, shall send the dead-body to nearest Govt. Hospital for having adequate facility of storage of dead-body.. (iii) The District Magistrate/Deputy Commissioner, after receiving information from the Officer-in-charge of the Police Station, shall inform the family members of the deceased requesting them to conduct the last rites of the deceased. (iv) If the District Magistrate/Deputy Commissioner, upon report of Senior Superintendent of Police/Superintendent of Police, is satisfied that the family members are not willing to perform the last rites of the dead-body, the District Magistrate/Deputy Commissioner shall pass conditional order to the family members to perform the last rites of the dead-body within a stipulated time, which may be extended on reasonable cause being shown by the family members. (v) If the family members do not perform the last rites of the dead-body within the aforesaid stipulated time, the last rights shall be performed by Public Authority taking into consideration the religious belief of the deceased person. (vi) The District administration would ensure that no unlawful assembly is gathered or is likely to be gathered for remonstration with the dead-body of a person. (vii) In case of unclaimed dead-body, the District administration should ensure that dead-body is kept in a safe condition in the nearest Government Hospital and is, thereafter, subsequently disposed of in terms of the procedures and rules prescribed by the State of Jharkhand for disposal of unclaimed dead-bodies. (viii) Let a copy of this order be communicated to the Chief Secretary and Director General of Police of State of Jharkhand and aforesaid authorities are further directed to ensure communication of this order to all concerned including District Magistrate/Deputy Commissioner and Senior Superintendent of Police/Superintendent of Police of the District as well as Officer In-charge of concerned Police Stations in the State of Jharkhand, so that directions of this court are complied with in its letter and spirit. 18. With the aforesaid observations and directions, present writ application stands disposed of. Pending I.A.s, if any, also stand closed. However, in the facts and circumstances of the case, there shall be no order as to costs.