NEW DELHI: The Supreme Court on Monday gave a split verdict in a matter related to burial of a Christian pastor in a village graveyard as the Gram Panchayat and the state government declined it in view of opposition by Hindu tribunals.
SC’s Split Decision on Burial Rights Sparks Debate on Secularism and Public Order
The court directed for burial of the Pastor's body, kept in a morgue since January 7, in the place earmarked for his community 20-km away from his village.
A bench of Justices B V Nagarathna and Satish Chandra Sharma gave divergent views on a plea by Ramesh Baghel, the son of the deceased, to allow him to bury the body in his village graveyard.
Christian Pastor’s Burial Row: Supreme Court Directs Alternate Graveyard Amid Opposition
In her judgment, Justice Nagarathna felt denial of burial was against the sublime principle of secularism. The action has led to social ostracisation of the petitioner, Ramesh Baghel and his family.
She said the stand taken against burial of converted Christian was unfortunate and violated Articles 14 and 21 and provisions of non discrimination on the ground of religion in the Constitution.
On the opposite, Justice Sharma held that there is no reason as to why there should be an unqualified right to burial. "Sweeping and illusionary right can lead to public order disruption. Maintenance of public order is in larger interest of society," he said.
Justice Sharma pointed out the designated burial ground is present just 20 kms away in village Karakwal.
He said, to claim Article 25 rights which stretches to other burial areas of another faith would be stretching the right which is subject to public order. The State can frame regulations and thus no absolute and unqualified right can be claimed in this regard, he said.
Justice Nagarathna pointed out in the Ashwini Kumar Upadhyay judgment, this court said, Bharat is a secular nation committed to securing fundamental rights to all. She felt the concept of tolerance should not be diluted.
Following the split judgment, the bench, however, said it does not wish to refer the matter to larger bench, as the body is in morgue since January 7.
The court directed for burial to take place in burial ground of Karakwal.
Petitioner Ramesh Baghel challenged the order by the Chhattisgarh High Court, which said there were no separate burial grounds for Christians in the village and declined a permission for burial, observing it could cause unrest and disharmony in the public at large.
The petitioner claimed Chhindawada village had a graveyard which was verbally allotted by the gram panchayat for burial and cremation of bodies.
