Gram Sabha Resolution Against Giving Land For Christian Burial Raises Concern, Pg12

Key Highlights:

• A Gram Sabha in Punpalli village, Sukma district, Chhattisgarh, passed resolutions prohibiting pastors' entry and religious conversions.
• The resolutions also include denying land for burials to tribal Christians, citing the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
• This decision affects 75 Christian tribal members in Punpalli, forcing them to travel over 13 km for burials.
• Similar resolutions have been passed in at least four villages in Sukma and around ten in the wider Bastar region.
• The move follows a split verdict by the Supreme Court in January 2025 regarding burial rights for tribal Christians in Chhattisgarh.

Detailed Insights:

• The Gram Sabha justified its resolutions by invoking PESA Act, 1996, asserting its right to protect cultural identity, traditions, and customs in areas covered under the Fifth Schedule of the Constitution.
• The resolutions specifically target religious conversion activities, which villagers believe affect their traditional tribal culture and social unity.
• Legal experts argue that prohibiting entry to Indian citizens or denying burial land to residents based on religion is unconstitutional.
• The Supreme Court's split verdict in the Ramesh Baghel case in January 2025 involved a tribal Christian seeking burial in his native village.
• Justice B.V. Nagarathna supported burial on private land, citing discrimination, while Justice S.C. Sharma emphasized that there is no unqualified right to choose the place of burial.
• Following this, in February 2026, the Supreme Court issued an interim stay on forcible exhumation of tribal Christian bodies in Chhattisgarh.
• Critics allege that some groups are misusing the Supreme Court's split verdict to provoke tribals and pass such restrictive resolutions.
• Local administration officials have stated they would investigate if a written complaint is filed regarding the legality of these resolutions.

Key Concepts Involved:

• Gram Sabha: The basic unit of local self-governance in rural areas, comprising all adult members registered in the electoral rolls of a village.
• Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): An Act extending provisions of Part IX of the Constitution relating to Panchayats to Scheduled Areas, empowering Gram Sabhas with self-governance, especially over natural resources and cultural identity.
• Fifth Schedule: A constitutional provision under Article 244(1) dealing with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
• Religious Freedom: A fundamental right guaranteed by the Indian Constitution (Articles 25-28), allowing individuals to profess, practice, and propagate their religion.