Sadly, the son had to come to court to bury his/her father… Why did the Supreme Court say this?

New Delhi: The Supreme Court reserved its decision on the Special Leave Petition (SLP) challenging the January 9, 2025 order of the Chhattisgarh High Court. The High Court had rejected the petition in which the petitioner had sought permission to bury his/her pastor father (Christian) in a village graveyard in Chhindwara. During the hearing, the Supreme Court said that the right to dignified burial of the dead should be given top priority and stressed on resolving the issue amicably. The Supreme Court questioned why a person who spent his/her entire life in the village cannot be allowed to be buried there?

The court expressed objection to the government’s argument

Justice Nagarathna also took exception to the state government’s contention that people who had converted would not be allowed to be buried in the village graveyard. The court expressed displeasure over the failure of the state and the High Court and said, we are sad that a person had to come to the Supreme Court to bury his/her father. Neither the Panchayat, nor the State Government, nor the High Court could solve this problem. The Court suggested that the petitioners could bury their father on their private land, but the State objected to this on the grounds that it would affect the ‘sanctity’ of the land. The court reserved its decision after the hearing and said that the final decision will be pronounced soon.

Solicitor General Tushar Mehta appeared for the state before a bench of Justices BV Nagarathna and Satish Chandra Sharma and said that the area earmarked for Christian tribes (which is 20-25 km from the village) should be used for the burial.

What is the whole matter?

The petitioner is a Christian tribal, whose father died on January 7, 2025, after a prolonged illness. The family had planned to bury their father in the village for his/her last rites but some people in the village protested violently. Due to this, the body is kept in the mortuary since January 7 till now. The petition mentions that the graveyard has been orally divided for Christians and other castes by the traditional gram panchayat in village Chhindwara. In the case, Chhattisgarh High Court had refused to grant relief saying that there is no separate cemetery for Christians in village Chhindwara. There is a cemetery at Karakpal, 20-25 kilometers away from the village.

Waiting for supreme precedent on sensitive issue

The case raises constitutional and social issues related to the right to a dignified funeral for the dead, religious discrimination, and public order. The Supreme Court had also remarked during the hearing that it was saddened to see that a man was forced to approach the top court to bury his/her father as per Christian customs in a village in Chhattisgarh because the authorities had handled the issue. Showed failure to solve. Now that the Supreme Court has reserved its decision, the decision taken in this case will become an example.