BY PC Bureau
February 18, 2026: The Supreme Court on Wednesday passed an interim order restraining any further forcible exhumation or relocation of the bodies of tribal Christians from village burial grounds in Chhattisgarh. The direction came from a bench comprising Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria while issuing notice on a public interest litigation (PIL) that challenges the alleged exhumation and removal of buried bodies by authorities.
Granting interim relief, the bench ordered, “In the meantime, it is provided that no further exhumation of buried bodies shall be permitted.” The order was passed after Senior Advocate Colin Gonsalves, appearing for the petitioners, argued that state authorities were supporting or facilitating the removal of the bodies and sought urgent protection.
The PIL, filed under Article 32 of the Constitution, alleges that tribal Christians in Chhattisgarh are being forcibly prevented from burying their deceased within their own village limits, even though members of other communities are allowed to do so. It further claims that in several instances, the bodies of deceased family members were exhumed without the knowledge or consent of their relatives and were relocated to burial grounds outside their native villages.
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According to the petition, law enforcement authorities have relied on the Supreme Court’s split verdict in Ramesh Baghel v. State of Chhattisgarh to justify preventing such burials, even in cases where there is no local dispute or objection. In that case, the Court delivered a divided opinion on whether a Christian man could bury his father, a pastor, in his native village or on private agricultural land. Justice B.V. Nagarathna allowed burial on private property, while Justice Satish Chandra Sharma held that burial should take place only in a designated Christian burial ground located in another village about 20–25 kilometres away.
Against this backdrop, the present PIL seeks a declaration affirming the right of all persons—regardless of religion, caste, or social status—to bury their dead within the villages where they reside. It also urges the Court to direct gram panchayats across the state to designate burial spaces within village limits for all communities and to protect customary burial practices from interference. Additionally, the petition calls for the creation of common graveyards wherever feasible to ensure equal access.
The interim order provides immediate relief to affected families while the Court considers the broader constitutional questions raised in the petition.
