Supreme Court Imposes Interim Stay on Exhumation of Tribal Christian Bodies in Chhattisgarh
The Supreme Court of India has issued an interim stay on the exhumation of bodies of tribal Christians in certain villages of Chhattisgarh. This action was intended for their relocation to designated graveyards of the religious community. The court's decision came in response to a petition filed by the Chhattisgarh Association for Justice and Equality, an NGO that argues this practice violates the fundamental rights of local Christians to be buried within their own villages.
Bench Agrees to Hear Petition Citing Split Verdict
A bench comprising Justices Vikram Nath and Sandeep Mehta agreed on Wednesday to hear the petition after senior advocate Colin Gonsalves presented arguments. Gonsalves referenced a previous Supreme Court split verdict from January last year regarding a plea for the burial of a pastor's body in his village or agricultural field. In that case, one judge permitted the burial on private land, while the other stated that no citizen has an unqualified right to choose the burial place. Following the split decision, the bench had directed the burial to occur at a designated ground located 25-30 kilometers from the village in Chhattisgarh.
Court Seeks State Government Response and Halts Further Exhumations
After hearing Gonsalves, Justices Nath and Mehta have sought a formal response from the Chhattisgarh government to the Public Interest Litigation (PIL). They have also ordered that no further exhumation of bodies will be permitted until the matter is resolved. This interim measure aims to prevent any additional disruptions to the burial practices of the tribal Christian community while the legal proceedings are ongoing.
Allegations of Misusing Split Verdict
Senior advocate Colin Gonsalves accused the Chhattisgarh state government of misusing the earlier split verdict to halt the burial of tribal Christians at locations within village precincts. He emphasized that the court must intervene to ensure that, regardless of religion, caste, or social status, every deceased individual has the right to burial at demarcated places within their own village. The petitioner further requested that authorities be directed to demarcate such land for burial in villages lacking designated burial grounds.
Context of Related Legal Challenges
Interestingly, the same bench of Justices Nath and Mehta had previously refused to entertain a separate petition on Monday. That petition challenged an October 28, 2025, order from the Chhattisgarh High Court, which advised petitioners to approach statutory authorities regarding grievances against gram sabhas. These gram sabhas had erected hoardings barring the entry of Christian pastors and priests, purportedly to prevent conversions through allurement. This context highlights the broader legal and social tensions surrounding religious practices and rights in the region.
The Supreme Court's interim stay marks a significant development in the ongoing debate over burial rights and religious freedoms for tribal Christians in Chhattisgarh. The case underscores the complex interplay between legal precedents, state policies, and fundamental human rights, with potential implications for similar disputes across India.
