A Chhattisgarh man’s plea to bury his father in their native village was denied by the High Court, citing concerns over communal harmony and the availability of an alternative burial ground nearby.
The petitioner, hailing from Chhindawada, sought to inter his father in a section of the village graveyard traditionally used by Christians. However, local opposition surged, with threats against the family and objections to using either the public graveyard or private land for the burial. Villagers argued that Christian burials were unwelcome within the area.
The High Court, presided by Justice Bibhu Datta Guru, acknowledged the petitioner’s wish to honor his father’s religious customs but stressed that no officially designated burial ground for Christians existed in Chhindawada. A separate burial area for Christians, situated 20-25 kilometers away in Karkapal, was deemed an appropriate alternative.
The petitioner pointed out that family members had previously been buried in the village graveyard’s Christian section, informally allocated by the local gram panchayat. Furthermore, he invoked the Chhattisgarh Gram Panchayat Rules of 1999, which obligate authorities to provide burial grounds accommodating religious customs. Despite these arguments, the Court concluded that granting the request risked “unrest and disharmony” among villagers.
The petitioner’s legal team emphasized the absence of legal barriers to performing the burial in Chhindawada. Meanwhile, State representatives countered that the petitioner’s customs could still be respected by conducting the rites in the designated Christian graveyard in Karkapal.
Weighing these considerations, the Court upheld the availability of an alternative site and dismissed the petition, affirming that public order took precedence in the matter.
