New Delhi [India], January 22 (ANI): The Supreme Court on Wednesday asked Chhattisgarh to provide details of an alternative area designated for the burial of Christians in a plea seeking a Christina man’s burial in a native village.
While reserving its verdict in the matter, A Bench of Justices B.V. Nagarathana and Satish Chandra Sharma also asked the parties to quickly come up with a solution to resolve the issue of burial of the deceased Christian man whose body has been lying in the mortuary since January 7.
During the last hearing in the case on Monday, the top court had expressed concern over the lack the resolution on the part of both, the State authorities and the Chhattisgarh High Court for the burial of the deceased person.
In today’s hearing, Senior Advocate Colin Gonzavles who appeared for the petitioner submitted that there is an area delineated for the burial of Christians in the petitioner’s native village itself.
“Where we have a place de facto delineated in the village, to ask me to go outside (for burial) is discriminatory”, the senior lawyer said.
Further, he argued that the state’s claim that there is a designated burial area outside of the native village in question is an excuse contrived to not permit Christians to bury their dead bodies in their land.
It is a patent, hostile discrimination against persons who have converted to Christianity from their original tribe/caste, Gonzavles stated.
“Every Tribal Dalit will be told you can no longer bury (their dead) in the (resident) village”, it was stated.
Moreover, the senior counsel submitted that there are various graves of Christian deceased persons in the village in question where even the accentors of the petitioner have been buried.
“Let me bury where my ancestors are. Until now nobody has gone to the designated burial area (outside the resident village)”.
The Solicitor General of India (SG) Tushar Mehta, on the other hand, argued that there is a burial area designated for Christians situated around twenty kilometres away from the village in question. It was further submitted that the Christian residents of four neighbouring villages carry out their burial in that designated area.
Further, the SGI argued that allowing Christians to bury their dead in the village in question would disturb the public order.
“Suppose tomorrow a Hindu says I want to be buried in a Muslim burial ground? It is a public order issue. Public order is an exception”, SG Mehta said.
The Court asked the State to provide details of the alternative burial area exclusively designated for the burial of Christians.
“Where is that designated village? What is the name of the village and place mentioned? We want a categorical thing that such designated place is there”, Justice Nagarathana stated.
The Court said that Chhattisgarh, in its response has not mentioned the location and extent of such designated burial area for Christians.
“The location and extent (of the designated burial area) is not mentioned (in the State’s affidavit). It’s very vague”, the top court judge said.
Thus, it proceeded to direct the State of Chhattisgarh to file a fresh response (affidavit) in which such missing details are mentioned. Senior Advocate Colin Gonzalves appeared for the petitioner Ramesh Baghel.
Solicitor General of India Tushar Mehta and represented the State of Chhattisgarh. Additional Solicitor General of India K.M. Nataraj represented the village panchayat. (ANI)
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