VidhiSangh

Supreme Court of India · 27/01/2025

RAMESH BAGHEL versus STATE OF CHHATTISGARH & OTHERS

[2025] 1 S.C.R. 961 · 2025 INSC 109

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Summary

In a split decision on where a Christian pastor from a Bastar village could be buried after villagers objected to burial in the village graveyard, Nagarathna J. would have permitted burial on the family's private land and found the State's stance discriminatory, while Satish Chandra Sharma J. upheld the High Court and directed burial at the designated Christian burial ground at Karkapal. With the body in the mortuary for three weeks, the Bench jointly directed under Article 142 that the burial take place at Karkapal with State logistical support and police protection.

Issues

  1. Whether the appellant could bury his father, a Christian, in the area of the village graveyard used by Christian members of the Mahra community, or alternatively on his private agricultural land, despite the villagers' objections and the 1999 Rules.
  2. Whether the right to last rites under Articles 21 and 25 includes a right to choose the place of burial.
  3. What directions should issue given that the deceased's body had remained in a mortuary since 07.01.2025.

Provisions considered

Held

Result

Appeal disposed of. Under Article 142, the appellant was directed to bury his father at the Christian burial ground at village Karkapal, with the State to provide logistical support for transporting the body from the Jagdalpur mortuary and adequate police protection, and to ensure burial at the earliest.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 961.