On January 7, Ramesh Baghel's father died. No one could have imagined that the cremation of a pastor from a village in Bastar would reach the country's Supreme Court. His son wanted to bury him near the graves of his ancestors in the village, but he couldn't.
On Monday, the Supreme Court ordered that he must be buried in a cemetery in Jagdalpur, 30-35 km from the village. However, a two-judge bench of the Supreme Court was divided on the decision - one judge supported burying the body in the village, while the other said the last rites should be performed in the cemetery reserved for the community.
This ground report attempts to explore whether there exists a gap between court verdicts and social realities. Are social conditions often as simple as they appear based on facts alone?
A Village at the Crossroads of Faith and Law
In Bastar's Padarpara, a group of young people from the Christian community sing prayer songs. But the dusty roads of Chhindawara have settled over this song. In this quiet village, a farmer's fight has captured the attention of the entire nation - a village standing at the crossroads of faith, tradition, and justice. Politics and legal arguments kept heating up over the body of a pastor. His body lay inside a cold freezer for three weeks.
Ramesh's father, pastor Subhash Baghel, died on January 7. The family wanted him to be buried in the village cemetery near his ancestors. But this simple wish turned into a big controversy.
A Fight for Dignity, Not Just a Grave
For three weeks, Ramesh Baghel's father's body has been waiting burial. He was not allowed to be buried in his own village. This family believes this is not just a fight for a grave, but a fight for respect, against oppression and religious discrimination.
"Where I have buried my ancestors, my grandfather, my aunt, if suddenly someone refuses to allow it, then obviously the police and tehsildar who came supported them. Tomorrow, someone might tell me to leave my house... That's why I thought this was against my rights. My entire family is buried there, yet they are depriving us of this," said Ramesh.
A Community Divided by Faith
Ramesh's grandfather, Laksheshwar, and his father, Subhash, were among the first people in the village to convert to Christianity in the 1980s. Ramesh said earlier, everything was fine, but over the years, due to their religious beliefs, relationships in the village became strained to the point where they had to shut down their grocery store. If someone even bought a matchbox from them, villagers imposed a fine of Rs 5,100. The situation is such that even laborers refuse to work in their fields. The panchayat itself acknowledges this.
"We had a small shop, but it was shut down because of this. Now, no one wants to work as a laborer for us," said Ramesh.
The deputy sarpanch Rameshwar Nag, said their people say they have abandoned their tradition. "They say it is not right to maintain relations with them, so people have stopped visiting them," Mr Nag said.
Ramesh could not find a grave for his father in Chhindawara. The village has a population of 6,450, with over 6,000 belonging to tribal communities, while the rest are Dalits from the Mahara caste, which includes Ramesh's family.
However, Ramesh's case is not the first.
On the outskirts of the village, Padarpara exists. In October last year, Ishwar Nag from that village died in Tongpal, Sukma. His cousin, Jaldev Andhakuri, cremated him there, triggering controversy. The matter escalated so much that many of his relatives were detained by the police for five days, and Section 170 was imposed. This section is applied to someone who impersonates a public servant to commit wrongdoing.
Tribal communities such as Kalhar, Raut, Kumhar, Maria, Bhatra, Halba, and Dhurva, along with Dalits from the Mahara caste live in Chhindawara. Panchayat officials said this is not just a religious issue but also a matter of tribal identity and their reservation rights.
The Panchayat refers to the 5th Schedule and explains that, according to state laws, bodies can only be buried in designated locations. They also cite the PESA Act.
Many villagers believe that Christian customs threaten their traditional 'orthodox practices.' On February 7, 2024, the Gram Sabha passed a resolution stating that anyone who leaves this tradition and adopts another religion will not be given a place in the village cemetery.
Chhindwara has around 10 cemeteries, designated for different ethnic groups. In 2007, Ramesh's grandfather, Laxeshwar, and in 2015, his aunt were buried following Christian customs, and there was no objection at that time. However, now the Gram Sabha has passed a 13-point resolution.
Mangtu husband of sarpanch says "No one is instigating from outside. Those who have abandoned traditional customs, why should they claim ownership of our cremation grounds? Our traditional burial sites are allocated for the entire community, so why do they want to take over? We do not have any separate land for this. During their burial rituals, pastors come, the Bible is read... Our traditions are different, and that is why we do not want this. We follow traditional customs-if we ask to bury someone in a Muslim cemetery, will they allow it?"
Mangoes Ripen, Conflicts Deepen
Social divisions are deepening in the village even festivals and something as simple as sweet mangoes are becoming sources of conflict. Christians say they only have issues with idol worship but participate in all other celebrations. Those following traditional customs disagree.
Deputy Sarpanch Rameshwar Nag says "They do not observe our festivals, do not participate in Jatra (a local fair). When we organize fairs based on our traditions, we collect donations. We celebrate on specific dates, but they do not follow them. They celebrate Hindu festivals, but not our traditional ones. Until now, there was no dispute; they have always celebrated their way, and we never objected. But now, they are interfering in our festivals. For example, we do not eat mangoes until we complete our festival rituals, but they pluck and sell them before our festival arrives. By the time we celebrate, the mangoes are gone. These things make us very upset."
But Ramesh Baghel, Son of Late Subhash Baghel said "Everyone contributes donations; we just don't participate in idol worship."
However, not all members of the majority community support this discrimination. Some even openly spoke against it on camera, including the Panchayat members themselves. Raju Ram a Panchayat Member said "A burial ground should be provided-where else will they go? Private spaces are not allowing them. Every religion is great. The problem is not religion; the issue is about land, water, and roads, which belong to everyone."
Bastar has nearly 70 per cent tribal population. The people here-Gond, Maria, Muria, Bhatra, Halba, and Dhurwa-deeply respect their traditional customs and religious beliefs. As we traveled, we stopped at a cemetery in Tirathgarh, where Muria tribe members were preparing for a funeral. Nearby was a white-colored grave belonging to the Sodhi tribe. Locals explained that since they were distant relatives, a spot was allocated for them beside the cemetery.
Ludru Ram Kashyap, a local Villager said "The village elders make the final decisions. So far, no one from outside has been buried here. All these graves belong to our relatives; we are one family."
Deepchand Kashyap, another Villager said "We do not want to allocate cemetery space for Christians in Tirathgarh. It will be a problem."
Christians make up 8 per cent of Chhattisgarh's population. Around 4 lakh people in the state are directly associated with the church, out of which 2.5 lakh belong to the Catholic community. For the past two years, disputes over Christian burials have been increasing.
There have been more than 350 incidents related to burial conflicts in this period. In Chhattisgarh, particularly in Bastar, social inequality is evident. At a crossroads, society seems divided - some even say that in the coming days, this issue could become bigger than the Maoist problem.
Christian groups accuse the ruling party and Hindu organizations of inciting people against them, while the BJP denies these allegations.
Bhupendra Khora, Convener, Chhattisgarh Progressive Christian Alliance said "Villagers are being provoked and taught to suppress Christians in this manner. Earlier, everyone lived together. Christian burials had been happening for a long time. But when there was a change in power at the center, and later in the state, these problems started appearing. Nothing like this happened before."
But the local MP Mahesh Kashyap, said "This is not a matter of the BJP or any organization; this is about the culture, traditions, and identity of Bastar.There was a time when people were unaware. Even during 800 years of Mughal rule, there was no religious conversion here, nor during 200 years of British rule. I believe this is the only region in the world that has remained safe and protected in every sense. But today, in independent India, this region is facing a kind of encroachment. Naturally, people are angry, and that is why they are coming forward and using legal means to prevent it, with the entire society involved in this effort."
In Bastar, issues related to religious conversions and burial grounds have often led to tensions, violence, and even clashes. In December 2024, a dispute arose over the burial of a Christian woman in Bade Bodal village after her death. The situation turned violent, leaving eight people injured. In February 2024, a 25-year-old laborer, Tulsi Nag, could not be cremated in his own village in Navaguda due to similar conflicts.In 2023, a church in Narayanpur district was attacked. During that period, the issue of burials also led to unrest in several districts, including Bastar, Narayanpur, Kanker, Kondagaon, and Dantewada.
Bastar SP, Shalabh Sinha said "Many times, a peaceful resolution is reached, but there have been instances where it has been said that since there is a cemetery in the city, Christian community members should bury their dead there. Here, the PESA Act is in effect, and until a burial ground is officially designated, burials cannot take place. This becomes a contentious issue."
It is true that the Fifth Schedule is in effect in Bastar-which means the Panchayat (Extension to Scheduled Areas) Act (PESA) applies here. Under this law, no factory can be set up, no place of worship can be built, and no religious gathering can take place without the consent of the Gram Sabha.
However, in the case of Ishwar Korram's burial in Chhindbahar, the Chhattisgarh High Court bench, led by Justice Rakesh Mohan Pandey, referred to a verse from the Yuddha Kanda of the Ramayana in the opening lines of its judgment.
"Mitraani dhan dhaanyaani prajaanaam sammatani va, Janani janmabhoomischa swargaadapi gareeyasi." meaning friends, wealth, and resources hold great value in this world, but nothing is greater than one's mother and motherland.
As a result, Ishwar Korram's family was granted their constitutional right under Article 21 to conduct his last rites with dignity.
However, in the case of Subhash Baghel, the law stood in the way of his family's wishes. The ruling came from India's Supreme Court, but the bench was divided. One judge saw the burial restriction as a violation of Articles 14 and 15(1), which guarantee equality before the law and prohibit religious discrimination. The other judge, however, held that burial grounds cannot be arbitrarily designated. While the right to last rites is protected under the Constitution, no one has an absolute right to choose any burial site. Under Article 25, the freedom of religion is subject to public order, and the government has the authority to regulate such provisions.
Thus, Subhash Baghel was not buried in his own village but instead laid to rest in the Karakaapal cemetery. Ramesh Baghel finally buried his father here and the Supreme Court's verdict may bring closure to one family, but it also raises larger questions about coexistence in a country that thrives on diversity. Can we truly embrace unity if the differences that define us continue to divide us?
As the dust settles over the grave of Subhash Baghel, his family is left grappling with a sense of displacement. Their battle was not just for a burial ground but for dignity, identity, and the right to mourn their loved ones in the land they called home.
from NDTV News- Topstories https://ift.tt/o7N9lvG
