Christian man unable to bury father: Supreme Court raps Chhattisgarh govt, issues notice

New Delhi: The Supreme Court has rapped the Chhattisgarh government and sought its response on a plea filed by a Christian man who said he is unable to bury his pastor father in Chhindawada village as people have aggressively objected to it and police have threatened him with legal action.

A bench of Justices B V Nagarathna and Satish Chandra Sharma expressed surprise that the body was lying in a mortuary in the district hospital and medical college, Jagdalpur since January 7, when the man died and the police have not taken any action since then.

It rapped the Chhattisgarh government while seeking its response on the plea filed by the son.

"Leave the village panchayat, even the high court has passed a strange order. What is the state government doing," the bench said while issuing notice to the Chhattisgarh government.

The matter will be heard on January 20.

The apex court was hearing the appeal filed by Ramesh Baghel, belonging to the Mahra caste, challenging an order of the Chhattisgarh High Court which disposed of his plea seeking burial of his father who was a pastor in the area specified for Christian persons in the village graveyard.

Relying on a certificate issued by the gram panchayat's sarpanch that there are no separate burial grounds for Christians, the high court denied him permission saying it may cause unrest and disharmony in the public at large.

The pastor died due to prolonged old age illness.

According to Baghel, Chhindawada village has a graveyard orally allotted by the gram panchayat for burial and cremation of bodies. In this village graveyard, separate areas are earmarked for burial of tribals, for burial or cremation of people belonging to Hindu religion and for persons belonging to Christian community.

In the area specified for Christians, the petitioner's aunt and grandfather have been buried in this village graveyard.

"After the death of his father, the petitioner and his family wanted to hold last rites of his father and wanted to bury his mortal remains in the area specified for Christian persons in the above mentioned village graveyard.

"Hearing about this some villagers aggressively objected to this and they have threatened dire consequences in case petitioner and his family bury petitioner father in this land. They are also not allowing the petitioner's family to bury the dead body in the petitioner's family privately owned land," the plea said.

Baghel contended that according to the villagers, a Christian cannot be buried in their village be it at village graveyard or his own private land.

"When the villagers turned violent, the petitioner's family made a report to police on which 30-35 police personnel reached the village. The police also exerted pressure on the family to take the body out of the village.

"They have also threatened that if the dead body is buried as per Christian rites in their village they will take legal action against the petitioner and his family," the plea added.