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The Supreme Court of India recently delivered a split verdict in the case of Ramesh Baghel v. State of Chhattisgarh, highlighting a critical issue concerning religious freedom and the right to a dignified burial. The case involved a Christian man, Ramesh Baghel, who sought to bury his deceased father, a pastor, in his native village of Chindwara, Chhattisgarh. This seemingly straightforward request was met with significant resistance from the village authorities, leading to a protracted legal battle that ultimately reached the highest court in the land. The core of the dispute revolved around the denial of access to a suitable burial ground within the village, forcing Baghel to seek alternative arrangements, ultimately resulting in the body being kept in a mortuary for an extended period. This delay, coupled with the apparent discrimination faced by Baghel, underscored the deeply concerning implications for religious minorities in India.
Justice B.V. Nagarathna's dissenting judgment delivered a scathing critique of the Chhattisgarh authorities' actions, highlighting their failure to uphold the principles of secularism enshrined in the Indian Constitution. Her judgment sharply criticized the Gram Panchayat for abdicating its responsibility to ensure the timely disposal of the deceased, regardless of their religious affiliation. The Panchayat's failure to provide a suitable burial ground within the stipulated timeframe, coupled with the blatant disregard for Baghel's pleas, led to the unnecessary and inhumane delay in the burial of his father. This failure, Justice Nagarathna argued, constitutes a clear violation of the fundamental right to a dignified burial and a serious breach of the Panchayat's legal obligations under the Chhattisgarh Gram Panchayat Rules, 1999. The Rules explicitly mandate that the disposal of a corpse should occur within 24 hours, a requirement demonstrably ignored in this case. Justice Nagarathna further emphasized that the actions of the Panchayat were not merely an administrative oversight but a deliberate act of discrimination, motivated by religious prejudice.
The crux of Justice Nagarathna's argument rests on the demonstrable evidence of past practice and informal recognition of a designated space for Christian burials within the village graveyard. Despite the Panchayat's claim that no such space existed, the evidence presented clearly indicated that Christians belonging to the Mahra community had been buried in a demarcated area for decades. This historical practice, Justice Nagarathna contended, implicitly acknowledged the existence of a de facto Christian burial ground, rendering the Panchayat's denial of access all the more egregious and revealing of underlying discriminatory intent. This pattern, coupled with the statement by the Assistant Superintendent of Police (ASP), Bastar, that individuals who convert to Christianity are not permitted burial in the village graveyard, underscores a systematic and deeply entrenched prejudice against Christian converts. Justice Nagarathna found this statement deeply problematic, pointing out its inconsistency with the fundamental principles of equality and non-discrimination enshrined in Articles 14 and 15 of the Indian Constitution.
The ASP's statement, devoid of legal basis and demonstrating a clear disregard for the constitutional rights of citizens, exposed a deeply concerning pattern of religious intolerance at both the local and state levels. Justice Nagarathna's judgment unequivocally condemned this discriminatory attitude as a betrayal of India's secular principles and its commitment to religious harmony. This case is not merely about a single burial; it serves as a stark reminder of the challenges faced by religious minorities in India and the urgent need for greater vigilance in protecting their fundamental rights. The judgment raises critical questions regarding the role of local authorities in upholding the principles of secularism and the need for stricter enforcement of laws ensuring equal treatment for all citizens, irrespective of their faith.
The Supreme Court's split verdict, while granting Baghel the right to bury his father, ultimately failed to provide a comprehensive resolution to the underlying issue of religious discrimination. The fact that the case even reached the Supreme Court speaks volumes about the failure of local and state authorities to address the matter adequately at the village level. The incident is a potent symbol of systemic religious intolerance in the region, highlighting the need for greater awareness, education and legal recourse for vulnerable communities. Justice Nagarathna's strongly worded judgment serves as a call to action, urging a thorough examination of discriminatory practices and a greater commitment to upholding the principles of secularism and religious tolerance in India. The case serves as a crucial reminder of the ongoing challenges in balancing religious practices with the fundamental right to equality and non-discrimination.