A split verdict issued by the Supreme Court on January 27, 2025, did not help settle the controversy surrounding the body of a Christian pastor from Chhattisgarh, but the court eventually ruled that it should be buried in a designated Christian burial ground 25 kilometres away from his native village. The body has been kept in a mortuary for three weeks.
The two-judge bench of Justices B.V. Nagarathna and Satish Chandra Sharma issued different verdicts as they tried to address the plea of Ramesh Baghel, who wanted to inter his father either in their village’s common burial ground or on his private agricultural land in Chhindwada village, Chhattisgarh.
Pastor Subhash Baghel, who served as a Christian religious leader since 1986-87, passed away on January 7. His son’s attempted to perform the funeral rites in the village, but the villagers aggressively opposed him and threatened him of “dire consequences” if the family went ahead with a Christian burial.
While Justice Nagarathna’s judgment supported allowing burial on private land and criticised the state’s handling of the situation, Justice Sharma emphasised the need to maintain public order and supported the state’s suggestion of burial at the designated Christian cemetery in Karkapal village.
“The stand of the respondent (State) gives an impression that certain communities can be discriminated against. Such an attitude on the part of the village level and the higher levels betrays the glorious principles of secularism and fraternity,” Justice Nagarathna observed in her judgment.
This case has pointed to a rising level of deep-seated religious discrimination especially since the family had previously buried other Christian relatives, including the pastor’s aunt and grandfather, in the village graveyard’s Christian section. The court criticized the response of the local administration that deployed 30-35 police personnel who allegedly pressured the family to take the body away instead of facilitating its burial.
Veteran Human Rights Activist, Dr John Dayal, speaking to Christian Today, said: “While the government can forcibly bury the body 25 kilometres away from home, the fundamental issue of social ostracisation of religious minorities remains painfully alive. Justice Nagarathna’s judgment brings a touch of humanity to this discourse, while Justice Sharma’s approach shows us how deep the grave of fraternity has been dug in our society.”
The final consensual order, issued under Article 142 of the Constitution, directed the state to provide logistical support and police protection for the burial at Karkapal. The court also mandated the state to demarcate exclusive burial sites for Christians throughout Chhattisgarh within two months to prevent similar controversies.
The case highlights the issues that Christian tribals in Chhattisgarh are facing in the Bastar region, particularly regarding basic rights like conducting last rites according to their faith. With a population of 6,450, the village Chhindwada only has around 100 Christians living there, which puts them in a vulnerable position compared to the remainder of the residents in predominantly Hindu areas.
It was after the Chhattisgarh High Court dismissed the plea of the family, which argued that the burial in the village would cause “unrest and disharmony in the public at large”, that the family had approached the Supreme Court for intervention. The case has already evoked a broader debate about religious freedom, social inclusion, and the role of the state in India in protecting minority rights.
This incident is a repetition of similar one on December 29, 2024, when the burial of the mortal remains of a 90-year-old Christian woman in private property within village Bade Bodal, district Bastar, saw clashes between a mob led by the headman of that village and the Christian tribal community.
