Reinforcing Designated Burial Grounds Under Panchayat Rules: The New Chhattisgarh High Court Directive

1. Introduction

The case of RAMESH BAGHEL v. STATE OF CHHATTISGARH, decided by the Chhattisgarh High Court on January 9, 2025, involves a dispute concerning burial rites for the deceased father of the petitioner. The petitioner’s family belongs to the Christian community and sought to bury the deceased in a portion of the village graveyard that they believed had traditionally been used by Christians in Village Chhindawada, District Bastar, Chhattisgarh.

Following objections from certain villagers and local authorities, the petitioner requested the Court to:

Direct authorities to allow the burial of his father’s remains according to Christian customs in the village’s designated Christian area.
Provide adequate police protection to ensure the burial could proceed without threat or violence.

The core issue was whether the petitioner could legally bury his father in a locale not formally designated by the Gram Panchayat or the government for Christian burials. Both the State and an intervening party (the “Intervener”) contended that no officially recognized Christian graveyard exists in Chhindawada and that the petitioner could utilize a nearby village (Karkapal, approximately 20–25 km away) where there is a designated Christian graveyard. The Chhattisgarh High Court adopted this view.

2. Summary of the Judgment

The High Court refused to issue a writ of mandamus permitting the petitioner to bury his father’s remains in the Chhindawada village graveyard in the plot alleged to be set aside for Christians. Instead, it held that:

Since no formally recognized or licensed graveyard for Christian burials exists in Village Chhindawada, burial there would be improper under the applicable legal framework.
The correct alternative is the existing Christian burial ground in the nearby Village Karkapal, which, according to the State, is officially recognized and compliant with legal rules.
Allowing a burial in an unlicensed location could disturb public harmony and contravene the Chhattisgarh Panchayat Raj Adhiniyam, 1993, and the corresponding 1999 Rules regulating burial and cremation grounds.

As a result, the Court dismissed the petition but made clear the petitioner is free to bury his father in the recognized Christian graveyard located in the neighboring village, with assurances of no objection by the State or villagers there.

3. Analysis

A. Precedents Cited

The Court referenced several decisions and legal provisions addressing the requirement of using legally designated burial or cremation grounds:

Jagadheeswari v. B. Babu Naidu (Madras High Court Full Bench):
Discussed Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999.
The Court clarified that private land or non-designated places cannot be used for burial without a proper license from local authorities. Procedural and licensing requirements serve sanitation and communal harmony interests.
Palani v. District Collector (Madras High Court, cited by the Court in Jagadheeswari):
Emphasized that no one may convert private land or undesignated areas into a burial ground unless the mandated procedures and approvals are in place.
Additional references from Mathew v. State of Kerala (Kerala High Court):
Reiterated that to safeguard public health and communal peace, unlicensed or non-registered sites may not be used for disposing of dead bodies.

These precedents all rest on the principle that local panchayat rules and state regulations control burial practices to maintain both environmental and social order. The judgments uniformly hold that religion-based burial customs, while respected, cannot override the statutory framework controlling authorized burial grounds.

B. Legal Reasoning

The Chhattisgarh High Court’s ruling hinges primarily on the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and the Chhattisgarh Gram Panchayat (Regulating Places for Disposal of Dead Bodies, Carcasses and Other Offensive Matter) Rules, 1999 (“1999 Rules”). The Court identified that:

Rules 3, 4, and 5 of the 1999 Rules place a duty on the Gram Panchayat to facilitate proper disposal of dead bodies, strictly in designated or licensed areas.
While Gram Panchayats are obliged to ensure burial or cremation happens according to the deceased person’s religious customs, there must still be compliance with designated burial grounds or official licensing.
Because the record did not establish the existence of a legally approved Christian burial section in Village Chhindawada, the Court declined to permit the burial there. Instead, it deferred to the undisputed existence of a designated Christian graveyard in Village Karkapal.

The Court observed that performing a funeral within Chhindawada in an unapproved spot could trigger unrest and disrupt village harmony, running counter to the protective aims of the rules.

C. Impact

This decision clarifies that:

Religious freedom in burial practices is substantial but subject to state regulations enforcing designated disposal sites.
Local governance rules granting or refusing permissions to use specific areas for burial purposes hold precedence over historical usage absent a formal registration or designation.
Future litigants seeking burial rights in village graveyards bear the burden of proving the site is officially recognized for their community. When no recognition exists, burial or cremation must occur in a properly approved location.

Overall, the judgment reinforces the rule-of-law approach, balancing religious customs with public order and statutory mandates. Panchayats across the state may rely on this precedent to prevent unauthorized burials that contravene local regulations and to help maintain communal harmony.

4. Complex Concepts Simplified

Licensed or Designated Burial Ground: Under various panchayat laws, state regulations, and local administrative rules, each village or municipality designates specific plots of land for burial or cremation. Those who wish to bury or cremate a body elsewhere must secure additional permission or licensing.

Gram Panchayat Responsibility: The Gram Panchayat is often responsible for providing suitable burial/cremation sites, maintaining them in hygienic conditions, and ensuring they comply with religious customs. However, they cannot violate formal land use or licensing procedures in the process.

Differentiating Tradition from Law: Even if a certain portion of land has been informally used by certain faith groups for years, it still needs formal recognition under local or state rules. Customs cannot override legal requirements for designating or licensing land.

5. Conclusion

In RAMESH BAGHEL v. STATE OF CHHATTISGARH, the High Court affirms that while religious burial rites deserve respect, they must align with validly designated or licensed grounds. Relying on the Chhattisgarh Panchayat Raj Adhiniyam, 1993, and the 1999 Rules, the Court declined to allow the burial in an unofficially recognized Christian graveyard within Chhindawada, pointing instead to the designated Christian burial ground in a nearby village. This ruling emphasizes that, to avoid unrest and to preserve public order, the specific instructions of local burial regulations will govern, even if that necessitates traveling outside one’s home village. The judgment thus ensures that communal harmony and due process under local regulations remain paramount.