SC reserves verdict on burial of Christian man in his village burial ground

New Delhi, Jan 22 (UNI) The Supreme Court on Wednesday reserved its verdict in a dispute concerning the burial of a Christian man from a Scheduled Tribe (ST) community in his native village burial ground.

The Court directed the Chhattisgarh Government to file a detailed affidavit providing specific information about a Christian burial ground reportedly located 20 kilometers away.

A Bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma emphasized the importance of ensuring that the Christian community has exclusive burial grounds to perform their last rites without interference or objections.

Justice Nagarathna underscored the need for exclusive Christian graveyards, stating, “We want there to be a designated place for the Christian community to bury their dead under their religious rites, without any kind of interference or objection.”

Solicitor General (SG) Tushar Mehta, representing the State, argued that allowing the burial in the village ground, designated for Hindu tribal persons, could create a public order issue.

He cited Article 25 of the Constitution, which permits restrictions on religious freedoms in the interest of public order.

Advocate Colin Gonsalves, representing the petitioner, contended that denying burial in the village grounds amounted to discrimination based on religion.

“This is hostile discrimination towards the dead, signalling to the living that converts are unwelcome in their land,” he argued.

The Dispute arose after the petitioner, Ramesh Bhaghel, sought permission to bury his father, a Christian convert, in the village burial ground of Chhindawada, where his ancestors had been laid to rest.

Local villagers opposed the burial, asserting that the ground was exclusively for Hindu Scheduled Tribe members. They also blocked the use of the petitioner’s private land for the burial.

The Chhattisgarh High Court dismissed the petitioner’s plea, citing the availability of a Christian burial ground 20 kilometres away. It also noted the potential for unrest if the burial occurred on the village ground.

The petitioner approached the Supreme Court, arguing that within the village burial ground, separate areas were already informally designated for different communities, including Christians.

The State maintained that the village burial ground was exclusively for Hindu Scheduled Tribe members and offered to facilitate the burial at the designated Christian burial ground 20 kilometres away.

The State also promised to provide an ambulance and logistical support for the burial.

The Bench directed the State to submit a detailed affidavit specifying the exact location and adequacy of the Christian burial ground.

The Court assured that it would deliver its order promptly, recognizing that the deceased’s body had been lying in the morgue for an extended period.

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