The Delhi High Court on Wednesday, 21 May disposed of a public interest litigation seeking directions to promote Gaukasth (cow dung logs) as the primary cremation fuel across the national capital, replacing conventional firewood. The bench directed the petitioner to approach the relevant authorities through a formal representation instead.

Court's Order

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia granted liberty to the petitioner to raise the issues flagged in the plea before concerned authorities. 'Having regard to the issues raised in the present Petition, we dispose of the same with a liberty to the Petitioner to approach the various authorities… by way of making a representation for redressal of the grievance and issues raised in the present Petition,' the court stated in its order.

The bench directed that the representation be filed within two weeks, accompanied by all supporting documents. It further ordered that the authorities take a 'workable decision as per law' and communicate their response to the petitioner.

What the PIL Sought

Filed by Ajay Kumar Ghakar, trustee of Gaudaan Foundation, the petition sought directions to the Centre, the Delhi government, the Municipal Corporation of Delhi (MCD), the Central Pollution Control Board (CPCB), and the Delhi Pollution Control Committee (DPCC) to establish a dedicated 100 per cent biomass fuel-based cremation system using Gaukasth. The plea also sought guidelines for improved management of gaushalas, covering fodder supply, veterinary care, and animal welfare.

The Pollution and Deforestation Argument

The petition claimed that Delhi's cremation grounds currently consume around 45,600 tonnes of firewood annually, with each traditional cremation using nearly 400–500 kg of wood — contributing to deforestation and both air and land pollution. Citing a CPCB Regional Directorate study conducted in Bhopal, the plea argued that Gaukasth is a scientifically viable eco-friendly alternative.

The petition also relied on a March 2023 NITI Aayog Task Force report, which reportedly highlighted that the production and promotion of cow dung-based products and bio-fertilisers could improve the economic sustainability of gaushalas.

Precedents from Other States

The petitioner cited existing Gaukasth-based cremation initiatives in Sirsa (Haryana), Bhopal (Madhya Pradesh), and Gajapati district (Odisha) as evidence of scalability. In Delhi itself, the erstwhile South Delhi Municipal Corporation (SDMC) had floated a proposal in January 2021 to use cow dung logs for cremations to reduce costs and support economically weaker sections. During the Covid-19 pandemic in 2021, civic bodies in Delhi had also approved the use of cow dung and stubble mixtures amid firewood shortages.

Constitutional Angle

The plea argued that wider adoption of Gaukasth would reduce pollution, conserve forests, improve gaushala sustainability, and address the stray cattle problem — aligning with Article 51A of the Constitution on environmental protection. Advocates Mrinal Kishor and Saumya Dwivedi represented the petitioner. With the court's disposal, the matter now moves to the executive track, where the authorities' response will determine whether the proposal advances into policy.