Supreme Court Resolves Burial Dispute in Chhattisgarh with Split Verdict
Last Updated on January 27, 2025 by Athi Venkatesh
The Supreme Court delivered a split verdict on a plea by a Christian man from Chhattisgarh seeking to bury his father, a pastor, in their native village Chhindwara. Justice BV Nagarathna allowed burial on private land, while Justice Satish Chandra Sharma insisted on burial at the designated Christian cemetery in Karkapal, 20-25 km away.
Despite their disagreement, the bench refrained from referring the case to a larger bench. Instead, it passed a unanimous order under Article 142, directing burial at the Christian burial ground in Karkapal with full police protection and logistical support.
The appellant argued that his father, who belonged to the Mahra tribal community, should be buried in Chhindwara, where their ancestors were buried. However, villagers opposed this, stating the local burial ground was reserved for Hindu tribals. The Chhattisgarh High Court previously ruled for burial at Karkapal. Dissatisfied, the appellant approached the Supreme Court.
Justice Nagarathna criticized the panchayat and the state for failing to uphold secularism and fraternity. She highlighted violations of Articles 14 and 15, allowing burial on private land as a reasonable solution. She also ordered authorities to designate burial areas for Christians within two months.
Justice Sharma, however, upheld the Chhattisgarh Panchayat rules, restricting burials to designated areas. He emphasized that personal burial preferences cannot override established regulations.
The case reflects deep-rooted challenges in ensuring equality and secularism at the grassroots. The Court, emphasizing the urgency of the situation, aimed to balance law and justice.
Ramesh Baghel v. State of Chhattisgarh & Ors.
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