A dead body lying in the mortuary for 15 days and a legal battle till the Supreme Court regarding burial, know the whole matter

New Delhi : A dead body kept in the mortuary for 15 days waiting for burial. The reason is the dispute regarding burial. Dispute over where to be buried. The son of the deceased wishes that his/her father be allowed to be buried in the village graveyard. The matter is of Chhattisgarh. The deceased were Christian converts. The tribals of the village are protesting. They are saying that they will not allow a Christian person to be buried in the tribal graveyard. The matter reached the court. The body is lying in the mortuary. The High Court did not allow the burial of a Christian person in the tribal cemetery. The son of the deceased reached the Supreme Court against that decision. The Chhattisgarh government has argued in the top court that the burial of a Christian person in the graveyard of tribal Hindus will cause problems. The Supreme Court has now reserved its decision in this matter. Let us know what the whole matter is.The converted Christian man died on January 7.
The deceased was a converted Christian who worked as a priest. he/she died on 7 January. The deceased’s son Ramesh Baghel wants to bury his/her father in the graveyard in his/her native village Chhindwara where his/her ancestors are buried. Chhindwara is a village in Bastar district. The villagers are opposing the burial of a Christian man in a graveyard built for Hindu tribals. After this Baghel approached Chhattisgarh High Court. Even the High Court did not give permission. The man’s body has been lying in the mortuary since January 7. The son of the deceased has challenged the decision of the High Court in the Supreme Court, on which the court reserved its decision on Wednesday.

The petitioner wants to bury his/her father in the graveyard of his/her ancestral village.
The petitioner’s contention is that there is a section for Christians in the cemetery of Chhindwara village, where other members of his/her family have previously been buried. On the other hand, the state government argues that the village cemetery is for Hindu tribals. The state government’s argument is that the deceased should be buried in the cemetery located 20-25 kilometers away in a village named Karakpal, which is a Christian cemetery. For this, an ambulance will also be provided by the administration.

The whole matter is a conflict between religious sentiments, burial rights and social harmony. The Supreme Court, during the hearing on Wednesday, said that the right of the deceased to a dignified funeral should be given utmost importance and the matter should be resolved by mutual consent.

The petitioner argues that there is a graveyard in Chhindwara village which is traditionally allotted by the Gram Panchayat. This cemetery has separate spaces for tribals and other castes (Mahra). In the cemetery of Mahara caste, separate places are marked for people of Hindu and Christian communities. The petitioner’s aunt and grandfather are also buried in the same Christian area.

Son has challenged the decision of Chhattisgarh High Court in the Supreme Court
Earlier, Chhattisgarh High Court said that there is no separate graveyard for Christians in Chhindwara village. A separate graveyard is available for them in Karakpal village, about 20-25 km away. The High Court held that it would not be appropriate to grant relief to the petitioner if a graveyard of Christian community is available in the nearby area, as it may create unrest and animosity among the public.

State government in favor of burial in Christian cemetery of another village
During the hearing in the Supreme Court on January 22, Solicitor General Tushar Mehta, appearing for the state of Chhattisgarh, said that the burial should take place in an area earmarked for Christian tribals, 20-30 km from the existing village. he/she argued that this is a law and order matter for the state and should be dealt with sensitively.

Justice B.V. The bench of Nagarathna and Satish Chandra Sharma questioned that when for years no one had raised any objection to the burial of Christians and Hindu tribals together, then how suddenly objections were coming from the Hindu tribals. Justice Nagarathna remarked that the objections by the ‘so-called’ villagers are a ‘new phenomenon’.

This is ‘clear discrimination’: Petitioner’s lawyer
Senior advocate Colin Gonsalves, appearing for the petitioner, argued that there were many cases where Christian tribals have been buried in the village itself, citing revenue maps. he/she said the case was being looked at differently because the man was a convert. Citing the counter affidavit filed by the state, he/she said the state had accepted the contention that a convert would not be allowed to be buried in the village. Gonsalves argued that this was ‘blatant discrimination’ resulting in ‘communalisation’ of the deceased.

When Justice Nagarathna suggested that the petitioner’s alternative prayer of burying his/her father in his/her private land could be considered, Mehta opposed it and said burials could take place only at designated places. he/she insisted that the person be buried in Karakpal village (separate from the original village) with proper Christian rituals and that the state would provide ambulance and police protection.

If tomorrow any Hindu demands to be buried in a Muslim cemetery…the state’s argument
Solicitor General Tushar Mehta argued in the Supreme Court on Wednesday, ‘Suppose tomorrow a Hindu starts arguing that he/she wants to bury the dead of his/her family in a Muslim cemetery because his/her ancestors were Muslims and had converted to Hinduism. What will be the situation? From the state’s point of view this is an issue related to public order. Public order is an exception in the context of Article 25.

However, Gonsalves countered Mehta’s argument by insisting that the petitioner would bury his/her father where his/her ancestors were buried. he/she said that if anything else is allowed, it will lead to cases where Dalit persons, if they convert, will not be allowed to bury their bodies in their village.