The petitioner in the case is a tribal Christian and his father passed away on January 7 after a prolonged illness
Team Clarion
NEW DELHI — The Supreme Court has said it was painful to see that a man from Chhattisgarh had to come to it with a plea to bury his father, a Christian pastor, in the Chindwara village graveyard as the state and the high court couldn’t resolve the issue.
The apex court’s observations came during a hearing on Monday (January 20). Keeping the matter to be heard on Wednesday, the court expressed that it was pained that the state and the high court have not been able to resolve the issue, Live Law reported.
The petitioner in the case is a tribal Christian and his father passed away on January 7 after a prolonged illness. However, when the family tried to bury him at their village graveyard meant for Christians, some villagers aggressively objected to it and threatened the family with dire consequences, according to the special leave petition in the Supreme Court.
The petition says that when the family sought help from the police, the cops exerted pressure on them to take the body out of the village, as a result of which the body has been lying in a mortuary since January 7.
“The petitioner’s village Chhindawada has a graveyard orally allotted by the traditional Gram Panchayat for the burial/cremation of dead bodies. In this village, there are separate graveyards for Tribals and other Castes (Mahra). The separate areas are earmarked for the burial/cremation of persons belonging to the Hindu religion and for persons belonging to the Christian community in the graveyard of Mahar Caste. In the area specified for Christians, the petitioner’s Aunt—- & Grandfather — have been buried in the said village graveyard,” the plea states.
After the matter reached the high court, it was observed that no separate burial ground was available for the Christians in Chhindawala village. It said a separate burial ground was available in another village around 20-25 kilometres away.
“Considering the fact that burial ground/graveyard of Christian community is available in nearby area, it will not be proper to grant relief as sought for by petitioner in this writ petition, which may cause unrest and disharmony in the public at large,” the high court had said.
During the hearing on Monday, Solicitor General Tushar Mehta, appearing for the State, said the body could be buried at the State’s expense but 20 km outside the village where there is a burial ground for Christians. Mehta clarified that the village burial ground is only for Hindu tribals as per their rituals. He claimed that this position is supported by statutory rules. He further argued that the issue should not be decided on “emotions” as the intention is to make this a precedent to be followed throughout India. He added that this is an “Article 25 matter” and would be subjected to public order.
As per the State’s counter affidavit filed in this case, any person who has foresworn the traditions of the community or has converted into a Christian is not allowed to be buried in the village graveyard.
Senior Advocate Colin Gonsalves appearing for the petitioner, stated that the real issue is that the person was converted as the State’s counter-affidavit makes it clear that they have admitted the fact that the petitioner’s relatives were buried in the village graveyard. He also showed the photos where his relatives were buried but with a ‘cross’ mark in the village graveyard.
