No absolute right to choose a burial place; The state is required to provide all religious communities for recent rituals: Justice SC Sharma

Today the Supreme Court issued a divided verdict In terms of a Christian from Chhattisgarh, to bury the dead body of his father, pastor, or in the burial of their hometown of Chindwar, or on private agricultural land.

One sec Justice Bv Nagarathna allowed a appeal to bury his father in his private agricultural property, Justice Satish Chandra Sharma It was considered that burial could only take place in the area designated for Christians, which is located in the village of Karkapal (about 20-25 kilometers from the family place lodging an appeal).

Due to the special facts and circumstances of the case, especially since the body has been in the morgue since January 7 and attaches the right to decent burial, the judges refrained from referring to the third bench. Despite their dispute, the judges underwent guidelines based on the consensus that the appeal would be able to bury his father in the village of Karkapal with appropriate logistics support and police protection.

The right to choose a “accurate” burial place, not unqualified

The opinion of judge Sharma, which contains 18 pages, concerned only this issue in the context: whether the basic right to conduct recent rituals in accordance with a specific religion, or can include a place where such ceremonies should be planned.

Answering this question, he referred to rule 8 (digging graves) Chhattisgarh Gram Panchayat (regulating places to remove dead bodies, corpses and other offensive matters), 1999, according to which graves cannot be built arbitrarily. They should be determined in areas identified by Gram Panchayat.

He noticed:

“Perusal from the rules of CG would reveal that Graves cannot be arbitrarily constructed; and should be established in the designated Areas identified by Gram Panchayat. Justification for The same seems extremely logical – the designation Identified areas serve a beneficial purpose of ensuring Systemed procedure for conducting the last rituals while paying Respect for the surrounding sensitivity, but also what is important It includes a public health angle. Abuse Designated areas for each community in every village are evolutionary process that is not perfect and slow, However, he is to gently cope with the aspects of human life and outside which he must pay the appropriate legal attention. “

Sharma’s justice continued to realize:

“I am not able to appreciate the need for exercise Our just jurisdiction in accordance with art. 142 of the Constitution India to overcome the prohibition closed in accordance with the rule 8 CG principles; and let the remnants be released on the burial died on their private land, more in the light of the fact that A designated burial group is present nearby, i.e. Just 20-25 km further in the village of Karkapal. “

Adding to this, he repeated that although procedures for recent rituals, including involved ceremonies, are protected on the basis of part III of the Constitution, there may be an unlimited right to choose the place of such a ceremony in which the funeral will take place.

Judge Sharma further noticed:

“There can be a qualm as to the fact that procedures related to recent rituals; and ceremonies involved, from part of the rights (protected) based on part III of the India Constitution. However, in order to claim that such rights (such rights) will include the undisputed right to choose the “place”. “

He decided that the law protected pursuant to art. 21 are subject to “procedures established by law” that must be fair and reasonable. In relation to the right to free use, practice and promotion of religion, art. 25 is subject to clause 2 from art. 25, which allows you to develop regulations regulating some activities related to religious practices.

According to the Sharma judge, in combined reading of two recipes:

“Therefore, applying for absolute or unskilled law in relation to the exact” place “of the burial of a person in accordance with art. 21 and art. 25, Prima Facie, seems to be cautious. “

He added:

“Nevertheless, persons/ community cannot be completely denied the place to conduct the last rituals, including burials, among others – on the contrary, the state is obliged to provide members of all religious communities of identified places to conduct recent rituals within the borders and the limits of reason and rationality.”

Considering that a designated Christian stock exchange existed in the village of Karkapal, he stated that there is no reason why the appeal should have permission to demand an absolute or unqualified right to bury his father in the village of Chhindawada.

Details of the case: Ramesh Baghel against Chhattisgarh and Ors., SLP (C) No. 1399/2025

Citing: 2025 Livelaw (SC) 113

Performances: senior lawyer Colin Gonsalves and lawyer Umesh Kumar for the petitioner; Solicitor General of India Tushar Mehta for the state.

Click here to read the verdict

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