On Tuesday, the Supreme Court restrained authorities from carrying out any further exhumation of bodies of tribal Christians in Chhattisgarh. The direction came after allegations that officials had disinterred bodies and relocated them away from their native villages.
A Bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice N.V. Anjaria issued notice in a public interest litigation and granted interim protection.
“In the meantime, it is provided that no further exhumation of buried bodies shall be permitted,” the Court directed.
Senior Advocate Colin Gonsalves, appearing for the petitioners, argued that State machinery supported the removal of corpses. He sought immediate protection against further action.
Petition Filed Under Article 32
The petitioners moved the Court under Article 32 of the Constitution. They claimed that authorities denied tribal Christians the right to bury their dead within their own villages. They argued that members of other communities did not face similar restrictions.
According to the plea, officials exhumed certain bodies without the consent of family members. Authorities allegedly attempted to relocate the remains to burial grounds situated away from the villages.
The petition also stated that police relied on the split verdict in Ramesh Baghel v. State of Chhattisgarh to prevent burials within village limits, even where no local dispute existed.
Reference to Ramesh Baghel Verdict
In Ramesh Baghel, the Supreme Court delivered a divided judgment. The case concerned a Christian man who sought permission to bury his father in their native village Chindwara or on private agricultural land.
Justice B.V. Nagarathna allowed burial on the appellant’s private land. Justice Satish Chandra Sharma disagreed. He held that burial must take place in the designated Christian burial ground at Karkapal village, located about 20–25 kilometres away.
The present PIL alleges that authorities now invoke this split verdict to deny burial rights within village boundaries.
Reliefs Sought
The petition seeks a declaration that every individual, regardless of religion, caste, or SC/ST/OBC status, has the right to bury their deceased in the village where they reside.
It also seeks directions to all gram panchayats in Chhattisgarh to:
- Identify specific burial areas within each village for all communities.
- Permit burials in those demarcated areas.
- Protect customary burial practices.
- Establish common graveyards wherever feasible.
Related Proceedings
This development follows a recent Supreme Court order dismissing a challenge to a Chhattisgarh High Court judgment. The High Court had upheld a Gram Sabha’s decision to erect hoardings barring the entry of Christian pastors and converted Christians in certain villages.
The present case is titled Chhattisgarh Association for Justice and Equality and Ors. v. The State of Chhattisgarh, Diary No. 54722-2025.
