SC restrains exhumation of tribal Christians' bodies in Chhattisgarh villages

New Delhi: The Supreme Court on Wednesday sought Chhattisgarh government's response on a plea that alleged exhumation and forced reburial of bodies of tribal Christians in villages there.

The court also restrained any further exhumation.

A bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria passed the order while hearing a plea, which claimed that tribal Christians in Chhattisgarh were forcibly prevented from burying their deceased family members in the burial places in their villages.

The plea, filed by Chattisgarh Association for Justice and Equality and others through advocate Satya Mitra, alleged that this was a denial of their fundamental right under Article 21 of the Constitution.

Senior advocate Colin Gonsalves, appearing for the petitioners, said the body of the mother of one of the petitioners was exhumed from grave and reburied elsewhere without his knowledge.

The body of another petitioners' husband was also forcibly exhumed by villagers from the majority community and reburied at a distant place.

After the bench issued notice to the state government, Gonsalves urged the court to stay any further forcible removal of bodies from the graves.

"In the meantime, it is provided that no further exhumation of buried bodies shall be permitted," the bench said and posted the matter for hearing after four weeks.

"This writ petition filed under Article 32 of the Constitution is in respect of tribal Christians who are forcibly being prevented from burying their deceased in the burial places within the boundaries of their villages as is done for all other communities," the plea said.

It sought a direction restraining the state and individuals from interfering with the burials.

The plea also sought a declaration that all persons irrespective of caste, religion and SC/ST/OBC status are permitted to bury their deceased in the village where they live.

The plea sought directions to all gram panchayats in the state to demarcate specific areas within each village for the burial of all communities and to permit all families to bury their deceased in the village where they live.

The apex court was also requested to direct the state to promote secularism and fraternity by promoting to the extent possible common graveyards for all communities within a village.

The plea said denying burial in the common village graveyard violates the petitioners' right to freedom of religion under Article 25 of the Constitution.

"Exhumation and forced reburial of bodies at distant places, sometimes more than 50 kilometres away, constitutes cruel, inhuman and degrading treatment of the deceased and their families, which is impermissible under Articles 14 and 21," it said.

The petition alleged that instead of protecting fundamental rights, the state has permitted and even abetted the unlawful acts of communal elements who dig up corpses, obstruct burials and intimidate families on account of religion.

The plea referred to a January 2025 judgment in which the apex court gave a split verdict on the burial of a pastor whose body was lying in a mortuary in Chhattisgarh, and directed his last rites to be performed at a site meant for Christian burials in the neighbouring village.

It alleged that this judgment was being used by the Chhattisgarh Police to prevent the burial of tribal Christians in their own villages, even in places where there is no local dispute.