Burial of Christian man in graveyard for ST Hindus will lead to trouble: Chhattisgarh to SC

The Supreme Court on Wednesday reserved its order in the dispute relating to the burial of a Christian man from the Scheduled Tribe (ST) community in his village burial ground..A Bench of Justices BV Nagarathna and Satish Chandra Sharma heard vehement arguments by the deceased man's son (petitioner) and the Chhattisgarh government before proceeding to reserve its verdict.The Court said that it will pass an order soon since the body has been lying in the morgue for a long time.The State through Solicitor General (SG) Tushar Mehta insisted that the man should be buried in a separate burial ground for Christians which is 20 kilometers away from the village.The Bench while reserving its verdict stressed that Christians must have an exclusive burial ground where they can bury their dead without any objection or interference."We want (that) there should be a designated place for the Christian community to bury their dead in terms of their religious rites. We want that. At the same time, we should keep in mind the fact that in certain villages, the numbers may be very few. In certain villages, it may be more. But we are concerned that there should be exclusive Christian designated graveyard where there will be no kind of interference or interruption or objection. We want that to be established," Justice Nagarathna stated..The State argued that the insistence by the petitioner to bury is father in the burial ground of his family's native village could create a public order situation."Suppose tomorrow a Hindu raises an argument 'I want a cremation of my family's dead body in Muslim burial ground because his ancestors where Muslims or whatever... he converted into Hinduism', what would be the situation? From the State's point of view, it is a public order issue. Public order is an exception to Article 25," SG Mehta asked.He said that the State is willing to take the body to the Christian burial burial ground and will provide an ambulance for the same."We will give an ambulance. The burial ground is 15 kms away. It is enough to accommodate 100-200 people. One Christian burial ground is designated for 3-4 villages. This designated area is 4-5 acres," Mehta said.As regards the village burial ground where the petitioner wanted to bury his father, the SG said that the site was meant exclusively for Hindu tribal persons."That is for tribal Hindus, not Christians," the SG maintained.Senior Advocate Colin Gonsalves, who appeared for the petitioner, contended that the village burial ground is a common burial place for all communities and there is a designated place for the family of the deceased.His ancestors have been buried there, it was contended."Where I have a place that is de facto delineated in the village. To ask me, because I am convert Christian, to go elsewhere is discrimination on the face of it," Gonsalves said.However, Justice Sharma prima facie disagreed with the same."There is no discrimination at all," Justice Sharma remarked..Suppose tomorrow a Hindu raises an argument 'I want a cremation of my family's dead body in Muslim burial ground because his ancestors where Muslims or whatever... he converted into Hinduism', what would be the situation?SG Tushar Mehta .The dispute stemmed from the denial of permission to a Christian man to bury his deceased father in the burial ground of his family's native village.The petitioner, one Ramesh Bhaghel, moved the Court seeking permission to bury his father in his native and resident village of Chhindawada. According to him, Chhindawada has a graveyard which is informally allocated by the gram panchayat for burial and cremation.His father had converted to Christianity and it was his argument that within the village graveyard, separate areas are designated for the burial or cremation of persons belonging to the tribal, Hindu and Christian communities.Further, the petitioner stated that his other family members had been previously buried in the section designated for Christians in the available graveyard area in Chhindawada.Some villagers had strongly opposed the burial of the petitioner’s father in the designated area and issued threats of severe consequences. They also prohibited the petitioner’s family from using their privately owned land for the burial, asserting that a Christian person cannot be buried anywhere in the village, whether in the village graveyard or on private property.He then approached the Chhattisgarh High Court which dismissed the plea on the ground that there was no separate burial ground designated for the Christian community in the area.The High Court noted that there is a separate burial area for Christians available in a nearby village situated at a distance of 20-25 kilometers away from the petitioner's village and that the deceased could be buried there.The High Court said that the burial of the petitioner's father in a burial ground meant for tribal Hindus could lead to "unrest and disharmony."The petitioner then filed an appeal against the same before the Supreme Court.To ask me, because I am convert Christian, to go elsewhere is discrimination on the face of it.Colin Gonsalves .Gonsalves alleged that the reason the burial was not being allowed was because the deceased was a Christian. The SG said that the burial ground was meant for Hindu Scheduled Tribe persons and there is a separate burial ground for Christians about 20 kilometers away."There is patent discrimination on grounds of religion. This is hostile discrimination on grounds of religion. This is nothing but communalism towards the dead with a signal to the living that 'you are a convert, you will never be buried in our own land," Gonsalves responded."Don't give it such color," Justice Sharma said.Justice Sharma pointed to the State's statement that there exists a designated place for Christians."This is nice excuse contrived for the case. It is to create trouble," Gonsalves responded.The State also said that the body cannot be buried on the petitioner's private land since rules prohibit the same. The Court then asked the State to provide clear details of the Christian burial ground said to be located 20 kilometers away."You (State) tell us where it is located. File an affidavit. Your affidavit is vague," the Court said while reserving its verdict..[Read Live Coverage]