The Supreme Court on Wednesday sought a response from the Chhattisgarh government on a plea alleging exhumation and forced reburial of bodies of tribal Christians in villages across the state, and restrained any further exhumation in the meantime.
A bench of Justices Vikram Nath, Sandeep Mehta and N.V. Anjaria issued notice to the state while hearing a writ petition filed under Article 32 alleging that tribal Christians were being prevented from burying their dead in village burial grounds and that bodies already buried were being dug up and reinterred elsewhere.
Passing an interim direction, the bench said, “In the meantime, it is provided that no further exhumation of buried bodies shall be permitted,” and listed the matter for hearing after four weeks.
The plea, filed by the Chhattisgarh Association for Justice and Equality and others through advocate Satya Mitra, contended that the denial of burial in village graveyards violates the right to life and dignity under Article 21 and the freedom of religion under Article 25.
Senior advocate Colin Gonsalves, appearing for the petitioners, told the court that in one instance the body of a petitioner’s mother was exhumed and reburied at another location without the family’s knowledge. In another case, the body of a petitioner’s husband was allegedly dug up by members of the majority community and reburied at a distant site.
The petition alleged that families were being forcibly prevented from conducting burials within village limits “as is done for all other communities,” and that exhumations sometimes involved relocating remains to places over 50 kilometres away.
It described such actions as “cruel, inhuman and degrading treatment of the deceased and their families,” invoking Articles 14 and 21 of the Constitution.
The petition sought directions restraining the state and private individuals from interfering with burials of tribal Christians in their villages. It also asked the court to declare that all persons, irrespective of caste or religion, have the right to bury their dead in the village where they reside.
Further, it requested directions to gram panchayats to demarcate burial spaces for all communities within each village and urged the state to promote common graveyards as a measure to advance secularism and fraternity.
The plea alleged that instead of protecting fundamental rights, state authorities had “permitted and even abetted” unlawful acts by communal elements who obstruct burials and exhume bodies on religious grounds.
It also referred to a January 2025 Supreme Court split verdict concerning the burial of a pastor in Chhattisgarh, where the court directed that last rites be performed at a designated Christian burial site in a neighbouring village. According to the petitioners, that ruling was being cited by the police to prevent burials in local villages even where no dispute existed.
After issuing notice to the state, the bench recorded the interim protection against further exhumations and posted the matter for further consideration in four weeks.
The case raises questions on burial rights, religious freedom, and the scope of the right to dignity of the deceased under Article 21, which the court will examine after receiving the state’s response.
