The Supreme Court of India on Thursday passed an interim order restraining any further forcible exhumation and relocation of tribal Christians’ buried bodies in Chhattisgarh villages.
A Bench comprising Justices Vikram Nath, Sandeep Mehta and NV Anjaria issued notice on a Public Interest Litigation (PIL) filed under Article 32 of the Constitution, alleging that tribal Christians were being prevented from burying their deceased within village boundaries, while other communities were allowed to do so.
Interim protection granted
“In the meantime, it is provided that no further exhumation of buried bodies shall be permitted,” the Bench ordered, after Senior Advocate Colin Gonsalves sought urgent interim relief, claiming state support for removal of corpses.
The petition alleges that deceased family members of tribal Christians were exhumed without consent and relocated to burial grounds outside their villages. It further claims that a split verdict in Ramesh Baghel v. State of Chhattisgarh is being cited by local authorities to deny burial rights in native villages, even in the absence of local disputes.
Burial rights at the heart of dispute
In the Ramesh Baghel case, the Supreme Court delivered a split verdict on whether a Christian man could bury his father in his native village or on private land. One judge permitted burial on private property, while the other held that it must occur in a designated Christian burial ground.
The present PIL seeks a declaration that all persons, irrespective of religion or caste, have the right to bury their deceased in their villages. It also requests directions to Gram Panchayats to demarcate burial spaces accessible to all communities and to prevent interference with customary practices.
The interim order provides immediate relief to affected families, while the Court examines broader constitutional questions surrounding equality, religious freedom and dignity in death.