TribalRights – Supreme Court Seeks Chhattisgarh Reply on Burial Dispute
TribalRights – The Supreme Court on Wednesday sought a response from the Chhattisgarh government after hearing allegations that bodies of tribal Christians were exhumed and forcibly reburied in certain villages. The court also directed that no further exhumations should take place until further orders, offering temporary relief to the affected families.
Court Seeks State’s Stand on Allegations
A three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria issued notice to the state while hearing a petition filed under Article 32 of the Constitution. The plea was moved by the Chhattisgarh Association for Justice and Equality along with other petitioners, who approached the top court claiming that members of the tribal Christian community were being denied burial rights in village graveyards.
The bench recorded the submissions and asked the state government to clarify its position on the matter. At the same time, the judges restrained authorities and other parties from carrying out any additional exhumations until the issue is examined in detail.
Petition Alleges Violation of Fundamental Rights
According to the petition, preventing families from burying their relatives in village burial grounds amounts to a violation of fundamental rights guaranteed under the Constitution. The plea argues that such actions infringe upon the right to life and dignity, as well as the freedom to practice and profess religion.
The petitioners have claimed that in some instances, bodies that had already been laid to rest were dug up and moved elsewhere. They contend that these actions have caused emotional distress to grieving families and have disrupted long-standing customs followed by tribal Christian communities in the region.
The matter was brought directly to the Supreme Court under Article 32, which allows individuals to seek enforcement of fundamental rights. The petitioners are seeking protection for burial practices and directions to ensure that such incidents are not repeated.
Senior Advocate Raises Specific Incident
During the hearing, senior advocate Colin Gonsalves, appearing for the petitioners, informed the bench about a particular case in which a body was allegedly reburied at a different location without the family’s knowledge or consent. He argued that such actions reflect a broader pattern of interference in the community’s burial rights.
The counsel urged the court to intervene urgently, stating that repeated incidents have created fear among families about conducting last rites in accordance with their faith. He maintained that the issue goes beyond a local dispute and touches upon constitutional protections available to every citizen.
Temporary Protection Against Further Exhumation
Taking note of the submissions, the Supreme Court directed that no further exhumations should occur while the matter remains under consideration. This interim measure is aimed at preventing any immediate escalation and preserving the status quo until the state files its response.
Legal observers note that the court’s intervention at this stage signals its willingness to examine whether administrative or community actions have crossed constitutional boundaries. The outcome could have implications for how burial rights and religious freedoms are safeguarded in tribal areas.
The Chhattisgarh government is expected to submit its reply detailing the circumstances surrounding the alleged incidents and the steps, if any, taken by local authorities. The case will be heard again after the state’s response is placed on record.