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Informist, Monday, Jan. 27, 2025

 

NEW DELHI - A division bench of the Supreme Court has delivered a split verdict on a Christian farmer's petition seeking to bury his pastor father's mortal remains in the Chhindwara village burial ground in Madhya Pradesh, next to the burial sites of others from his family. The top court decided that the petitioner, Ramesh Baghel, should instead conduct the burial rites of his father in Karkapal village, where a separate burial ground for Christians was situated at a distance of 20-25 kilometres from Chhindwara village.

 

"No consensus by the members of this bench, we do not wish to refer the matter to three-judge," the apex court said, adding that all logistical support would be provided to the petitioner along with adequate police protection.

 

On Jan. 18, 11 days after his father's death, Baghel had moved the apex court, seeking that he be allowed to conduct his father's burial at the village graveyard, a move opposed by various village groups. His appeal to the top court came after the Chhattisgarh High Court dismissed his petition, saying it "may cause unrest and disharmony in public at large". 

 

The village in which the petitioner's father was born was a tribal-majority area with a total of 6,450 people. While 6,000 people were tribals, the rest, including the petitioner's family, belonged to the Dalit Mahar caste. The village has over 100 Christians, mostly from the Mahar caste. According to the villagers, Christian funerary rites pose a threat to the 'Rudi Parampara', or a set of tribal sentiments, traditions and cultural values. In February 2024, the Gram Sabha had passed a resolution to forbid village burials for those who had given up the Rudi Parampara and converted to other religions. This was not limited to tribal converts, but also applied to Dalit Mahars such as the Baghels. 

 

Justice B.V. Nagarathna said not providing burial ground for those who converted to Christianity violated Articles 21 and 14 of the Indian Constitution, and was discriminatory on the grounds of religion. "State cannot deny equality before law. Discrimination on grounds of religion, sex, caste etc is prohibited under article Article 15," said Justice Nagarathna. The attitude of the village panchayat gave rise to hostile discrimination, she said, adding that also it betrayed the principle of secularism. 

 

The gram panchayat had failed in its duty to provide a burial, which led to the social ostracisation of the appellant and his family, said Justice Nagarathna. She said that the petitioner should be allowed to conduct his father's burial on their private agricultural land. The petitioner had sought that if access to the village graveyard wasn't provided, the burial could be held on private land owned by them. 

 

Justice S.C. Sharma disagreed with Justice Nagarathna's opinion and said, "To claim Article 25 rights which stretch to other burial areas of another faith would be stretching the right under Article 25." There was no reason why there should be an unqualified right to burial, said Justice Sharma. Sweeping and illusionary rights could lead to public order disruption, he added.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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