The Supreme Court has reserved its decision on the petition of a Christian who was adamant on cremating his father in the crematorium built for the tribal Hindu community. The Supreme Court said that it wants a decision that is acceptable to all parties.
The Chhattisgarh government has told the Supreme Court that if the last rites of a Christian person are performed in a Hindu crematorium, it will create controversy. Before the Supreme Court, Chhattisgarh High Court had refused to give relief to the Christian person. The body of the Christian man has been kept in the mortuary for the last 15 days.
What is the matter?
Subhash Baghel, father of Ramesh Baghel, resident of Bastar district of Chhattisgarh, died on January 7, 2025. Ramesh Baghel is a Christian and his grandfather converted to Christianity from the Mahra caste of Hindus. Deceased Subhash Baghel was also a Christian priest.
After the death of Subhash Baghel, son Ramesh Baghel wanted to cremate him as per Christian customs in the village crematorium. The Hindus living here and the rest of the community strongly opposed it. The Hindus asked Ramesh Baghel to perform the last rites of his father at a Christian crematorium 20 kilometers away.
The police, who reached the spot in the case, also asked Ramesh Baghel to perform the last rites of his father in the Christian crematorium without any dispute. However, Ramesh Baghel was adamant that he had to perform the last rites of his father in this tribal crematorium only.
He reached Chhattisgarh High Court with a petition in this matter. He demanded that the High Court order the police and administration to conduct the last rites in the same tribal crematorium.
What did Chhattisgarh High Court say?
Justice Bibhu Dutta Guru in Chhattisgarh High Court made this petition on January 9, 2025. hearing of. In this case, the state government told the High Court that there is no separate place for Christians in the village crematorium and if Ramesh Baghel wants to perform the last rites of his father in a Christian manner, then he should go to the Christian crematorium located 20 kilometers away. Can Is.
The state government said that in this situation the Gram Panchayat also has no complaint and it will not face any problem. Accepting this argument of the state government, the High Court refused to pass any order on the petition of Ramesh Baghel.
The High Court said in its order, “It would not be appropriate to grant the relief sought by the petitioner in this writ petition, as it may create unrest and disharmony among the general public.” The High Court said that a Christian crematorium is available nearby, in such a situation it will not provide relief. Ramesh Baghel reached the Supreme Court against this decision.
What did the Supreme Court say?
The Supreme Court had issued a notice to the Chhattisgarh government on January 17, 2025, seeking its reply in this matter. The case was also argued on January 20, 2024. During this, Solicitor General Tushar Mehta, appearing on behalf of the state government, had clarified that permission to perform the last rites in Christian manner cannot be given in the tribal Hindu crematorium.
He had accused lawyer Colin Gonsalves, appearing for Ramesh Baghel, of creating controversy among the tribal people who have converted to Christianity and who are still Hindus. He had said that to avoid controversy, the Christian person should be taken to a Christian crematorium located 15-20 kilometers away.
In the case, lawyer Gonsalves had alleged that the Christian man was not being allowed because he was a convert. While hearing the case, Justice Nagarathna had expressed grief over the fact that the person had to come to the Supreme Court for the last rites.
The Supreme Court will hear the matter again on Wednesday (January 22, 2025). hearing of. The Supreme Court has reserved the decision after the hearing. The Supreme Court said that it will give its decision soon because the body of the deceased person was kept in the mortuary for a long time.
During the hearing on Tuesday, SG Mehta said, “Suppose tomorrow a Hindu argues that ‘I want to cremate the dead bodies of my family in a Muslim cemetery, because his ancestors were Muslims or something else and he converted to religion. What will be the situation if you adopt Hindu religion?”
SG Mehta said that this will raise law and order issue. He said that the state government is ready to provide an ambulance to the Christian man and he can perform the last rites in a Christian cemetery located at another place. He clarified that the village graveyard is for tribal Hindus and not for Christians.
Lawyer Gonsalves alleged during the hearing that he was being discriminated against. On this Justice Sharma said that there is no such case. SG Tushar Mehta also clarified that cremation cannot be allowed even on private land as it changes the nature of the land from agricultural or residential to sacred.
During the hearing in this case, Justice Nagarathna emphasized that there should be separate crematoriums for Christians everywhere. The Supreme Court has asked Chhattisgarh to file an affidavit in the matter. The Supreme Court has said that it wants a decision acceptable to everyone in this matter.