State’s duty to provide place for last rites to all religious communities: Justice SC Sharma
Last Updated on January 27, 2025 by Shianjany Pradhan
The Supreme Court delivered a split verdict in a case concerning a Christian man from Chhattisgarh seeking to bury his father, a pastor, either in their native village Chindwara or on private agricultural land.
Justice Nagarathna permitted the burial on the appellant’s private agricultural land, emphasizing the need to honor personal rights and dignity in burial matters.
Justice Sharma, however, ruled that the burial must occur in the designated Christian burial ground in Karkapal, approximately 20–25 kilometers from the appellant’s native village. His reasoning was based on:
- Referring to Rule 8 of the Chhattisgarh Gram Panchayat (Regulating Places for Disposal of Dead Bodies, Carcasses, and Other Offensive Matter) Rules, 1999, he noted graves cannot be arbitrarily constructed and must adhere to areas designated by Gram Panchayats.
- Designating burial grounds ensures systematic conduct of last rites, respects surrounding sensitivities, and mitigates health risks.
- He held that while last rites are protected under Part III of the Constitution, the right to choose the burial site is not absolute. Articles 21 (right to life and dignity) and 25 (freedom of religion) are subject to reasonable restrictions and laws ensuring fairness and public order.
Since the body had been in the mortuary since January 7, the judges, despite their disagreement, refrained from referring the case to a larger bench. They reached a consensus to allow burial at Karkapal.
Justice Sharma further observed that while the state is obligated to provide burial spaces for all communities, it is not required to concede to every claim for a specific burial location when alternatives are available.
