The Chhattisgarh High Court denied a petitioner’s request to conduct his father’s last rites in a local graveyard due to concerns about potential public unrest. The court recommended using a designated Christian burial ground in a nearby village instead, prioritizing public harmony over individual needs. The petition was dismissed accordingly.
Chhattisgarh: The Chhattisgarh High Court recently denied a petitioner permission to conduct his deceased father’s last rites in the common graveyard of village Chhindawada as per Christian religious customs, citing concerns over potential unrest and public disharmony. The court noted that a designated burial ground for Christians is available in a nearby village and suggested the petitioner utilize that facility.
The Single-Judge Bench of Justice Bibhu Datta Guru, referencing the Chhattisgarh Panchayat Raj Adhiniyam, 1993, emphasized that the Gram Panchayat is responsible for facilitating the disposal of corpses but also highlighted that ensuring public harmony must take precedence. The court remarked,
“Considering the fact that a burial ground/graveyard of the Christian community is available in the nearby area, it will not be proper to grant relief as sought for by the petitioner, which may cause unrest and disharmony in the public at large.”
The petitioner, a Christian belonging to the New Apostolic Church, sought permission to perform his father’s funeral rites in the portion of the village graveyard traditionally allocated for Christian burials. However, objections from some villagers prevented this. Additionally, the petitioner claimed that his family was barred from using their private land for the burial. As a result, the deceased’s body has been stored in a district hospital mortuary.
The State’s Counsel and the intervener argued that there is no formal Christian burial ground in the village, but assured that there would be no objections if the petitioner conducted the last rites at the Christian cemetery in nearby village Karkapal, located approximately 20-25 kilometers away.
The court acknowledged the absence of a separate burial ground for Christians in Chhindawada and upheld the availability of an alternative cemetery in Karkapal. The petition was dismissed with the court emphasizing the need to maintain public harmony over individual relief.
Cause Title: Ramesh Baghel v. State Of Chhattisgarh & Ors. (Neutral Citation: 2025:CGHC:1494)
Read the Judgement here:
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