SC orders interim stay on forcible exhumations amid plea over tribal Christians’ burial rights in Chhattisgarh

While Justice B V Nagarathna stated that the petitioner be permitted to bury his father in his private land, Justice S C Sharma had held that through procedures pertaining to last rites and ceremonies fall under fundamental rights guaranteed by the Constitution, no citizen has an “unqualified right claim that such right(s) would encompass the unqualified right to choose the “place” of such ceremony (including burial)…”.

However, given that three weeks had already passed since the death and the body was in the mortuary, the two judges had agreed that the body be buried in a designated burial ground for Christians in Karkapal village, 25-30 kms from his hometown.

On Wednesday, Senior Advocate Colin Gonsalves, appearing for the petitioners, said the split verdict is being misused by the state to stop the burials of tribal Christians even in places where there is no dispute at the local level.

The PIL urged the court to declare that all persons, irrespective of their religion, caste or SC/ST/OBC status, will be free to bury their deceased in their villages and to direct all gram panchayats in the state to demarcate specific areas in villages for burials.

On Monday, the top court had dismissed a plea challenging a Chhattisgarh High Court order, which asked petitioners challenging hoardings put up by some gram sabhas barring the entry of Christian “pastors and priests” over fears of alleged forced religious conversion, to approach the statutory authority under the state Panchayat Upbandh (Anusuchit Kshetron par Vistar) Niyam or PESA Rules.

The court noted that the state high court, in its October 28, 2025, judgment, had granted them liberty to approach the appropriate authority under the PESA Rules.