Section 37 of the Delhi Police Act, 1978: Cremation, Burial and Designated Places

Meaning and scope of Section 37

The section is titled Power to make regulations prohibiting disposal of the dead except at places set apart. It concerns the location of disposal of human remains. It does not itself designate any particular cremation ground or burial ground: those locations must be identified under applicable regulations. The legal power is conferred on the Commissioner of Police, subject to the conditions in the section.

Section 37 explained: Sub-sections and provisos

Section 37(1): Regulation of cremation, burial and other disposal

The Commissioner of Police may make regulations prohibiting disposal of the dead by cremation, burial or otherwise at locations other than those set apart for that purpose. The first proviso restricts that power: such regulations cannot be made for an area where places have not been set apart for disposal of the dead.

Second proviso to Section 37(1): Permission for another place

A person may apply to the Commissioner of Police or an officer authorised by the Commissioner for permission to dispose of a deceased person's body at a place other than a designated location. Permission is discretionary and may be granted where the authority considers that the proposed disposal is unlikely to obstruct traffic, disturb public peace or be objectionable for another reason. The provision does not create an automatic entitlement to an exemption.

Section 37(2): Places for different communities

Regulations made under sub-section (1) must specify places set apart for disposal of the dead for different communities or sections of communities. The operative designation should be checked in the relevant published regulations and notifications.

Section 37(3): Previous publication and two-month minimum

Regulations under Section 37 are treated as rules for the purposes of Section 23 of the General Clauses Act, 1897. A draft must be published before regulations are made. The date stated in the draft notice for considering the proposal cannot be earlier than two months after publication of the draft. This is a minimum draft-consideration period, not a universal two-month waiting period for an individual permission application.

How previous publication works under Section 23 of the General Clauses Act

Section 23 sets out a rulemaking process where legislation requires previous publication. In substance, the authority publishes proposed rules for affected persons, announces the date on or after which the draft will be considered, considers timely objections and suggestions, and may then finalise the rules in accordance with law. Under Section 37(3), the draft consideration date must be at least two months after the draft is published.

Practical points for seeking permission

Where disposal at a non-designated location is proposed, the applicant should identify the proposed site, explain the circumstances and provide information relevant to traffic, public peace and any other applicable concerns. The applicant should seek a decision from the Commissioner of Police or a duly authorised officer before proceeding. Any other applicable municipal, public-health, environmental or land-use requirements must also be checked; Section 37 permission does not by itself dispense with those separate requirements.

Whether a particular site is designated, whether an officer has been authorised and whether specific regulations are in force are factual matters to confirm from current official notifications.

Frequently asked questions

Can the police prohibit cremation or burial anywhere in Delhi?

Section 37 permits location-based regulation, but its first proviso prevents regulations for an area where no places have been set apart for disposal of the dead.

Is disposal outside a designated place always prohibited?

No. The second proviso permits an application for discretionary permission from the Commissioner of Police or an authorised officer, subject to the statutory considerations and other applicable law.

Does Section 37 require public consultation before regulations?

It requires previous publication under Section 23 of the General Clauses Act, including consideration of objections and suggestions received within the specified period. The date for considering the draft must be at least two months after publication.

Official legislation and further reading

Read the Delhi Police Act, 1978 (India Code PDF), the General Clauses Act, 1897 (India Code PDF) and the Delhi Police Acts and Rules directory. Check the current regulations and notifications before relying on a particular location or exemption.