New Delhi: The body of a pastor in Chhattisgarh’s Chhindawada village is lying in a mortuary for close to a fortnight due to a dispute between his family and some members of the Hindu Mahara community over its burial.
While his family insists on doing it in the village graveyard contending Christians can be buried there, the Hindu Mahara community oppose saying there is no dedicated space earmarked for the community to perform last rites.
The pastor and his family belong to the Mahara community but practice Christianity. Members of the Hindu Mahara community have suggested the body be taken to Karkapal village that is 25 km away from Chhindawada for burial.
The row has landed in the Supreme Court, with the pastor’s family challenging the Chhattisgarh High Court’s suggestion to take the body to another village, considering Chhindawada doesn’t have a burial ground for Christians.
The family has opposed the HC’s observations, asserting that Christians can be buried in the graveyard in Chhindawada where the pastor’s father too was cremated.
However, the BJP government’s affidavit supported the Hindu Maharas’ statement that unlike Karkapal, there is no exclusive burial ground for the Christians in Chhindawada.
Further, the Chhattisgarh government submitted that since the pastor was a convert and had forsworn the tradition of Hindu Maharas, he cannot be buried in the village graveyard that is meant only for the community. Its affidavit also contended that the pastor’s father was a Hindu and, hence his last rites took place at Chhindawada.
The state’s stand became a subject of heated debate Monday in the apex court where a bench led by Justice B.V. Nagarathna heard the case. Before the two sides clashed, the top court took a dim view of the HC order that denied permission to bury the pastor in Chhindawada citing possible law and order problems.
“Why cannot a person be buried where they wanted to? The body is in mortuary? We are sorry to say that a person has to come to the Supreme Court for the burial of his father. The High Court, panchayat, etc. are not able to solve the problem. The High Court says there will be a law and order problem. We are pained at this,” the court said.
Appearing for the state, Solicitor General Tushar Mehta said the family’s attempt to bury the pastor in his native village was an attempt to create unrest between Hindus and Christians. He accused them of “beginning a movement”.
Senior advocate Colin Gonsalves rebutted the charges and accused the state of “beginning the movement to kick Christians out”.
“Now they are trying to create a precedent where they are saying if you convert, you will have to go out of the village, This is a dangerous one,” Gonsalves said, in response to Mehta’s submission and contention in the affidavit that the pastor cannot be allowed to be buried in Chhindawada since he was a convert.
Gonsalves showed pictures of the graveyard where the pastor’s father was buried. “We have a special place for ourselves in that burial ground. My father, aunt, all have the cross on their graves,” he said, pointing to the pictures that were submitted to the bench.
When Mehta offered state assistance to carry the pastor’s body to the neighboring village, Gonsalves shot back. “This is a village graveyard. They are trying to break away that basic fragment of secularism,” he said, adding the pastor’s family wanted to be buried in a part of the land where his ancestors and relatives are buried.
“I don’t want to be treated like an untouchable just because I converted,” he said, in an agitated tone.
At this Mehta, too, raised his pitch asking Gonsalves not to get agitated. “Everyone has converted. Most Christians are converted. No one is an original Christian here. Why are you getting agitated?”
When the bench asked Mehta as to why the Hindu Maharas were opposing the burial in personal land, the Solicitor General replied that a cremation in private land changes the character of the land. “It becomes a sacred place, and it also has health issues. That is not permitted, cannot be allowed in private lands.”
The Chhattisgarh government’s affidavit, however, stated otherwise. Disclosing that disputes have arisen between the Mahara Christians and the tribals because of their religious beliefs, the latter have refused to give burial space that has resulted in Christians demanding the right to burial space as part of Article 14 of the Constitution (equality before law) so that they can be cremated with dignity.
The affidavit submitted that when both communities were unable to find a solution in the past, the government bodies suggested the use of their private lands for burial. And, if that fails then the Christian families were advised to bury the dead in the graveyard situated at Karkapal.
Disclosing the demographic details of the village, the state said that Chhindawada has a population of 6,450, out of which 6,000 are tribals and the remaining 450 belong to the Mahara community. Of the 450 people, 100 are Christians.
According to the state government, the gram panchayat has allocated burial land in the village. While a portion of it has been allotted to the tribals, the remaining has been kept for Hindu Maharas. All necessary steps to ensure the law and order situation was maintained after protests broke out when the pastor’s family desired to bury his body in the village, it added.
On the other hand, the pastor’s family asserted that the village has a total population of 2,000-2,500, out of which 750 individuals were Maharas. About 200-250 of them are Christians, while the remaining are Hindus.
The matter will be next head on 22 January.
(Edited by Tony Rai)
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