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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Ramesh Baghel – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
NAGARATHNA, J.
Leave granted.
2. It is said that death is a great leveller. It is necessary for us to remind ourselves time and again about this solemn truth. But the instant case demonstrates that the death of a resident of a village can give rise to divisiveness thereby calling upon the Apex Court to rule on his site of burial.
3. Appellant herein is a bereaved son and an aggrieved litigant. A third generation Christian, the appellant belongs to the New Apostolic Church. His family and ancestors have been native residents of village Chhindwada, Tehsil Darbha, District Bastar, Chhattisgarh for generations and belong to the Mahra caste or community. A native resident of the same village Chhindwada, the appellant’s father, a man of faith and a pastor since 1986-87, passed away on January 7th, 2025 after suffering from prolonged illness and old age. In his living years, the appellant’s father led and participated in prayers organized in the village church and other places as well.
4. Unfortunately, the appellant’s duty as a progeny and wish to accord a decent burial to his father in his own native village was met with abrupt hurdles as his fellow villagers objected and threaten
The court affirmed the right to burial in accordance with religious customs, emphasizing the need for designated burial grounds for minority communities to prevent discrimination.
The right to life guaranteed under Article 21 of the Constitution of India includes the right to dignity and respect, which extends to a person's dead body.
The central legal point established in the judgment is that the conditions and restrictions for burying a body, as outlined in Rule 7 of the Tamil Nadu Village Panchayats (Provision of Burial and Bur....
The court emphasized the necessity for compliance with statutory regulations regarding burials, reaffirming that unauthorized disturbances of burial grounds are unlawful.
(1) Disinterment of body of slain militant for the purpose of religious rituals – After a body has been buried, it is considered to be in custody of law – Disinterment is not a matter of right – Dist....
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