Ramesh Baghel v. State Of Chhattisgarh

Civil Appeal · 2025 INSC 109Decided 27 Jan 2025
C.A. No.-001235-001235 - 2025 (arising out of SLP(C) No. 1399 of 2025)
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

Ramesh Baghel, a third-generation Christian belonging to the Mahra community in village Chhindwada, Chhattisgarh, sought to bury his father, a pastor who died on 7 January 2025, in the village's traditional Christian burial area, where his ancestors and relatives had been buried for decades. Fellow villagers objected and threatened the family, local police allegedly pressured them to remove the body from the village, and the Gram Panchayat later issued a certificate denying any Christian graveyard existed there. With the body kept in a mortuary for over two weeks, the Chhattisgarh High Court refused to direct the State to allow burial in the village, prompting this appeal to the Supreme Court.

Decision Breakdown

Justice Nagarathna, in the lead opinion, held that the appellant had shown through affidavits, photographs, and hand-drawn revenue sketches that a demarcated Christian burial area had existed and been used within the village for decades, and that the State's sudden claim of a "public order" threat could not override the appellant's right to a dignified burial for his father; she would have permitted burial on the family's own private agricultural land in the village and directed the State to demarcate Christian burial grounds statewide going forward. Justice Satish Chandra Sharma, in a differing opinion, held that while the underlying right was undeniable, the State's public-order concerns in this specific village were not a mere pretext and could not be dismissed, and he would have directed burial instead at an existing, undisputed Christian burial ground in the nearby village of Karkapal (about 20-25 km away), with full State logistical and police support. Since there was no consensus on the exact burial site, the two judges jointly invoked Article 142 of the Constitution (the Supreme Court's power to do "complete justice") to direct that the burial take place at Karkapal with full state assistance and police protection, while Justice Nagarathna's direction that the State demarcate exclusive Christian burial grounds across Chhattisgarh within two months was to stand independently, not merely as part of the Article 142 compromise.

Lesson Learnt

Even where two judges disagree on the practical remedy, the right to a dignified burial consistent with one's faith is a real, enforceable constitutional right (flowing from Articles 21 and 25) that the State cannot defeat merely by invoking vague "public order" concerns without concrete justification; and courts can use their special constitutional powers to fashion a workable compromise when equally reasonable judicial views diverge.

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