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Burials must be held only in designated graveyards for each faith

Core Issue: A family’s request to bury Pastor Subhas Baghel in their native village (Chhindawada, Chhattisgarh) vs. the state’s proposed designated Christian graveyard in Bastar district.

Relevance : GS2(Polity and Governance)

Court Observations:

  • Affidavit by Chhattisgarh deemed “vague”; Court demanded clarity on the location, boundaries, and exclusivity of the Christian graveyard.
  • Justice B.V. Nagarathna: Urged resolution as the body had been in the morgue since January 7; emphasized burials must occur in designated areas specific to faith.
  • Justice Satish Chandra Sharma: Stressed the importance of burial in an officially designated Christian graveyard.

State Government’s Stand:

  • Solicitor-General Tushar Mehta: Defended the state’s designated graveyard for Christians in Bastar and offered to install signboards to avoid confusion.

Family’s Argument:

  • Senior advocate Colin Gonsalves: Criticized the state’s approach as discriminatory and hostile, asserting the burial should take place in Chhindawada per family traditions.

Key Legal and Religious Implications:

  • Religious Freedom: Addresses the right to practice ones faith in burial practices.
  • States Role: Highlights the need for clear designation and respect for religious burial grounds.
  • Discrimination: Raises concerns about bias in the treatment of burial practices of minority communities.

Next Steps:

  • The Supreme Court has reserved its order and requested a revised affidavit from the state for a detailed and conclusive resolution.

January 2025
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