Freedom to Be Buried, A New Struggle for Christians in Odisha

Executive Summary:

A joint team of Public-Spirited Activists and Odisha Lawyers Forum visited Nabarangpur District to investigate violations of the rights of Adivasi, Dalit and religious minorities. The team found gross violations of fundamental, constitutional and human rights of the most vulnerable communities in terms of equality before law, right to freedom of expression, thought, belief and association; more importantly, the right to life and dignified burial. The team found in six of seven cases direct violations of Articles 21 and 25 of the Indian Constitution in the presence of local administration; it recommends a series of steps to ensure every person has the right to equality and non-discrimination as accorded to every citizen. The team found gross violations of the Bharatiya Nagarika Surakhya Sanhita, 2023, Supreme Court rulings, and National Human Rights Commission’s guidelines on the rights of the dead persons. The team was surprised and shocked to note that the incidents were taking place in the assembly constituency and district of the Minister for SC, ST and Minorities in the Odisha Government. However, the Minister could not be held responsible for the past; however, the Minister has a duty for course correction and to assure every SC, ST and minority citizen that their rights and freedom would not be violated.

Introduction/Purpose:

The fact-finding team has three objectives:

a. To verify cases of human rights violations and atrocities committed against religious minorities based on their socio-religious identity.

b. To assess the ground situation of the Christian community with respect to freedom of religion and belief, including the right to life and dignity as accorded by the Constitution.

c. To evaluate the role of the local administration in protecting the life and dignity of Christian families, and its effectiveness in controlling the actions of communally motivated elements that disturb communal harmony and the peaceful coexistence of people practicing different faiths in a village.

The team consisted of Manas Jena (writer and social activist), Ajaya Kumar Singh (law scholar and researcher), Adv. Sebati Soren (High Court), Adv. Sujata Jena, Jugal Kishore Ranjit (social activist), and Adv. Kulakant D.

The team visited Nabarangpur district on the 26th and 27th of April 2024; they interacted with affected persons, community leaders, police officials, and administrative officers—both in person and over the phone. The visit was undertaken at the request of victim survivors and Minority Forum leaders from Nabarangpur District.

Incidents Summary:

The team underscored eight cases of exhuming the dead body and “stealing/burning of a dead Christian’, forceful conversion into Hinduism, conversion of dead body into hindu, forceful burying in a forest and far way place; besides threatening the Christians; importantly the officials did not ensure the fundamental rights of the aggrieved citizens; losing confidence in the police and the officials except for a case. Danial of access to burial ground on communal ground to religious minority families belong to Scheduled Tribes in 5th schedule area of Odisha .-violation of tribal human rights and dignity.

a.A Christian Body Exhumed and Stolen; Complaints Lodged: Saravan Gond, age 20, son of Ramachandra Gond from Melbeda village in Kumli GP under Raighar block/PS in Nabarangpur district was killed accidently with iron ore struck his forehead in a borewell digging company in Maharastra state on 15th April 2025.

b.Freedom of Belief & Worship, A Freedom to Be Buried, Freedom for Belief and Worship, A New Struggle : Keshav Santa, 85, an Adivasi of Siunaguda, Beheda GP of Umerkote block in Nabarangpur district died on 2nd March 2025.

c.Buried in Forest after Hindu villagers’ Denial: Domu Jani, age 60, a tribal Christian belonging Paraja Adivasi community from Pondikote village under Paprahandi police station in Nabarangpur district died on 28th October 2024.

d.A Christian Body was converted to Hindu to get burial: Madhu Harijan, age 27, S/O of Dambaru Harijan from Menjar Village of Pujariguda panchayat under Nabarangpur block died in district government hospital on 22nd October 2024

e.A Christian Dead Body “Converted” to Hinduism to Secure Burial

Chandra Harijan, age 73, belonged to Dalit community from Suruguda village under Dangarbheja panchayat in Nandahandi block in Nabarangpur district on 3rd November 2023.

f.Adivasi family refused to be converted into hinduism, buried their dead in faraway Dalit cemetery: Jitu Bhatra, age 60, from Gulibodona village, Dodhra under Jharigoan block in Nabarangpur district died on oct 28th October 2022.

g.A Christian girl burial issue becomes epicentre of road-blocks and strikes: Pushpanjali Bagh; age 20, daughter of Subash Bagh, age 42, a resident of Dongri street in Umerkote town in Nabarangpur district died of health issue in government hospital on 9th September 2022.

h.Right to Dignity in Death Denied to Adivasi Christian Family: In August 2023, Damu Santa, an Adivasi from Siunaguda village under Umerkot PS, died. Despite being a non-Christian, his sons’ Christian faith led Hindu villagers to deny burial within the village. Repeated pleas failed, and the body lay by the roadside all day. At 11 p.m., police ordered the family to bury him 10 km away by the roadside — a clear denial of the constitutional right to dignity in death.

i.Violating provisions of Bharatiya Nagarika Surakhya Sanhita, 2023, Supreme Court rulings and flouting NHRC guidelines.

The team underscored seven cases involving the exhumation of Christian bodies, “stealing/burning of a dead Christian,” forcible conversion into Hinduism, conversion of the dead body into Hindu rites, and forcible burial in forests or remote areas. These were accompanied by threats against Christians. Importantly, officials failed to ensure the fundamental rights of the aggrieved citizens, resulting in a loss of confidence in the police and administrative officials, except in one case.

There was also a clear case of denial of access to burial grounds on communal grounds to religious minority families belonging to Scheduled Tribes in a Fifth Schedule area of Odisha—a violation of tribal human rights and dignity.

Documented Cases:

a. Exhumation and Desecration of Christian Burial, Body Stolen; Complaints Lodged:Saravan Gond, age 20, son of Ramachandra Gond from Melbeda village in Kumli GP under Raighar block/PS in Nabarangpur district, buried in one’s own land; but forcefully exhumed the body, desecrated the body and burial place; stolen/burnt against the will of the family on 16/17th April 2025.

b. Freedom of Belief and Burial Denied – A New Struggle: Keshav Santa, 85, an Adivasi of Siunaguda village in Beheda GP of Umerkote block, Nabarangpur district, died on 2nd March 2025. His right to burial according to his Christian faith was obstructed.

c. Buried in Forest after Denial by Hindu Villagers: Domu Jani, age 60, a tribal Christian from the Paraja Adivasi community, Pondikote village under Papadahandi police station, died on 28th October 2024. Due to refusal by Hindu villagers, his body was buried in a forested area.

d. A Christian Body Was “Converted” to Hindu to Secure Burial: Madhu Harijan, age 27, son of Dambaru Harijan from Menjar village in Pujariguda Panchayat under Nabarangpur block, died in the district government hospital on 22nd October 2024. His body was forcibly converted to Hinduism to allow burial.

e. Adivasi Family Refused to Convert to Hinduism, Forced to Bury Their Dead in a Distant Dalit Cemetery: Chandra Harijan, age 73, from the Dalit community of Suruguda village in Dangarbheja Panchayat, Nandahandi block, died on 3rd November 2023. His body was similarly converted into Hindu to facilitate burial.

f. Adivasi Family Refused Hindu Conversion, Forced to Use Dalit Cemetery:
Jitu Bhatra, age 60, from Gulibodona village in Dodhra under Jharigaon block, died on 28th October 2022. The family, refusing conversion to Hinduism, was forced to bury the body in a distant Dalit cemetery.

g. Burial of Christian Girl Becomes Epicentre of Roadblocks and Strikes: Pushpanjali Bagh, age 20, daughter of Subash Bagh (42), resident of Dongri Street in Umerkote town, died of a health issue in a government hospital on 9th September 2022. Denial of burial space led to road blockades and strikes.

h. Right to Dignity in Death Denied to Adivasi Christian Family: In August 2023, Damu Santa, an Adivasi from Siunaguda village under Umerkot PS, died. Despite being a non-Christian, his sons’ Christian faith led Hindu villagers to deny burial within the village. Repeated pleas failed, and the body lay by the roadside all day. At 11 p.m., police ordered the family to bury him 10 km away by the roadside — a clear denial of the constitutional right to dignity in death.

i. Legal and Constitutional Violations:These cases reflect clear violations of the Bharatiya Nagarika Surakhya Sanhita, 2023, Supreme Court rulings, and National Human Rights Commission (NHRC) guidelines—especially on the rights of the dead; freedom of belief, and dignified treatment in death.

• Fact Findings Processes and limitations:

The Fact-Finding Team is well-versed in the socio-economic, cultural, and demographic realities, as well as the specific context of Adivasi, Dalit, and minority rights. The study was undertaken from the perspective of fundamental and constitutional frameworks, including relevant provisions and entitlements. The team assessed the cases based on interviews with affected persons, community leaders, police, and government officials. Information was also collected from newspapers, digital media, and communications between affected individuals and officials.

However, the team understands the need for a more holistic and in-depth study to ensure justice for the victims’ survivors and to promote peace and reconciliation in the region—rooted in truth and guided by the constitutional framework.

• Key Findings Details: Seven cases from the period: 2022 to 2025
• Exhumation and Desecration of Christian Burial, Body Stolen

Saravan Gond, age 20, son of Ramachandra Gond from Melbeda village in Kumli Gram Panchayat under Raighar Block/Police Station in Nabarangpur district, was killed accidentally on 15th April 2025 when a piece of iron ore struck his forehead while working at a borewell digging company in the state of Maharashtra.

His body was brought back to his native village by ambulance on the morning of 16th April. Upon learning that the deceased was being brought for burial, some Hindu villagers became enraged, as Saravan’s relatives refused to convert to Hinduism. Hindu villagers—including individuals from neighboring villages—gathered quickly and warned the Christian family that they would not be allowed to bury Saravan unless they agreed to convert.

Further, the Hindu groups threatened to excommunicate the family from the village. Despite pleas from the bereaved family to bury their loved one in the common burial grounds, the agitators remained adamant and turned increasingly aggressive. Seeing no peaceful resolution, Saravan’s father approached the police and tehsil office to seek official support for his son’s burial.

When officials reached the village, the agitators brazenly ignored them and warned them not to interfere in village matters. The mob was heard telling the officials that Christians had no right to be buried in the village and only they (the agitators) had the authority to decide who could be buried there.

Fearing further escalation, the deceased’s father proposed to bury his son on his own private land. However, the agitators followed and attacked the mourners during the burial. The deceased’s mother and minor sister, who tried to intervene, were also beaten. The mob chased, disrobed, and assaulted them while hurling caste- and religion-based abuses.

During the chaos, the burial was carried out. However, the agitators attempted to exhume the body. Though police and officials temporarily stopped them, the situation remained tense and chaotic. Despite the volatility, the officials left the village, leaving the grieving family insecure and unprotected.

On the following day, 17th April 2025, a group of nearly 150 agitators gathered for a meeting in the presence of the Tahasildar and police officials. They openly threatened the deceased’s family, demanding they leave Christianity or face death. The family members were forced to sign blank sheets of paper.

Later that evening, around 7:00 PM—after the police and officials had departed—the deceased’s relatives were forcibly taken to the burial site and ordered to exhume the body or be killed. The deceased’s uncle fainted during the exhumation. Coffins were desecrated and thrown away. The burial site was vandalized. The agitators intimidated the relatives, forcing them to flee the area.

According to police complaints, the family is still unaware of what the mob ultimately did with Saravan Gond’s body.A formal complaint was lodged with Raighar Police on 28th April 2025, requesting an investigation to determine the whereabouts of the deceased’s body and demanding justice. However, the police have yet to act on the complaint.

i. Freedom of Belief & Worship, A Freedom to Be Buried, Freedom for Belief and Worship, A New Struggle

Keshav Santa, 85, an Adivasi resident of Siunaguda in Beheda Gram Panchayat of Umerkote block, Nabarangpur district, died on 2nd March 2025. Although Keshav identified as Hindu, his sons practice Christianity—an issue that appeared to anger the local Hindu villagers. Tensions escalated over the burial arrangements. As the family attempted to carry Keshav’s body for burial, a group of Hindu agitators blocked them and attacked the deceased’s relatives. The agitators further threatened the family, stating they would face consequences if they did not reconvert to Hinduism.

The death of a family member in a Christian household appeared to serve as a pretext for religious bigots to harass the Christian minority. The agitators explicitly warned that Christians would no longer be allowed to live in the village.

This was not the first such incident involving the Santa family. Ten to twelve years ago, Tirpu Santa—Keshav’s son—lost his nine-year-old daughter, Moina. At that time, dominant villagers had initially prevented the family from burying her in the common burial ground. Only after prolonged discussions was the family permitted to bury her on their own land.

In another similar case, when Damu Santa (age 60), another son of Keshav, died in 2023, the villagers once again blocked burial—denying both the common ground and private land. The dominant Hindu villagers insisted that “Christians must convert to Hinduism” to bury their dead. The Christians refused, resulting in further conflict. Eventually, under a compromise brokered by officials and the agitators, the family was forced to carry Damu’s body 15–20 kilometers away into a forested area for burial. Even then, police and tehsil officials offered no support.

On 3rd March 2025, seeing no resolution, Gangadhar Santa rushed to the police station to seek help. The police and the Tahasildar arrived at the scene. The deceased’s family was distraught and under pressure. Yet the officials made no headway. Gangadhar was assaulted in the presence of government officials.

Rather than upholding constitutional rights, officials allegedly enabled coercion. It was reported that a local influential figure, Purnachandra Bagh, acting as an agent for the Hindu majority, successfully pressured the family to convert to Hinduism in order to gain permission for burial. Tirpu Santa—already burdened by the past trauma of being denied a burial for his daughter and cousin—now had to face the humiliation of being forced to sign a document stating he had “converted to Hinduism” just to bury his father.

Both Tirpu and his wife now face the painful contradiction of being forced to appear Hindu publicly while privately practicing Christianity—a clear violation of their freedom of thought, belief, and conscience.

Ongoing Harassment and Institutional Failure

The struggle for religious freedom continues for the two remaining Christian families in the village. On 29th March 2025, Gangadhar Santa filed another police complaint. He stated that only two Christian families remain in a village dominated by hundreds of Hindus, and they are being tortured for defying village diktats. He alleged:

“Our women are abused with vulgar comments. Access to tube wells is restricted. Electricity is disconnected. We are threatened with sticks and axes—told to either convert to Hinduism or be killed.”

In early April 2025, the Tahasildar called for undertakings from both religious groups to restore basic utilities like electricity. However, rather than addressing the violations, the police filed a report accusing the Christians—including the complainant, his wife, mother, and aunt—of not “cordially communicating” with other villagers. The report further alleged they were potential threats to peace and order, and requested they be bound under Sections 111, 113, 116(3), 130, 132, and 135(3) of the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023.

This report led to a summons being issued to the victims themselves, further deepening their insecurity. Notably, a local individual cited as a “witness” in the police report has had his credibility and role questioned by the aggrieved families, causing internal family tensions based on religious lines.

Adding to their fears, anti-social elements recently threatened the Christian families not to hold prayers in the locality. Both the Tirpu and Gangadhar families now fear for their lives and property.

i. Buried in Forest after Denial by Hindu Villagers

Domu Jani, age 60, a tribal Christian belonging to the Paraja Adivasi community, died on 28th October 2024. He was a resident of Pondikote village under the Papadahandi Police Station in Nabarangpur district. Following his death, the Hindu villagers refused to allow his burial, either in the common burial ground or even on his own private land.

Despite the presence of senior police and administrative officials, they failed to convince the dominant Hindu villagers to permit the burial. The deceased’s relatives pleaded with the authorities, urging them to uphold the dignity of the deceased and ensure a respectful burial in accordance with constitutional values.

Pondikote village has approximately 40 Christian families, a tiny minority amidst a predominantly Hindu population. During the standoff, the Hindu villagers demanded that Shanti Jani, the 54-year-old wife of the deceased, convert to Hinduism as a precondition for allowing the burial within the village. Shanti refused to renounce her Christian faith, standing firm despite immense pressure.

The officials, unable to pacify the situation or enforce constitutional protections, were eventually compelled to arrange for an alternative burial site, approximately three kilometers away in a nearby forest. The standoff lasted nearly two days, during which time the dead body remained unburied in the village. Domu and Shanti have two married daughters who are Hindus. While they continue to visit their mother, they do not eat meals at her home, fearing social boycott by the village. This painful reality underscores the deep social divisions and religious intolerance now afflicting what was once a shared community space.

Historically, the common burial ground served all communities without conflict. But the cultural fabric of society is now being torn, overshadowed by religious majoritarianism. Shanti mournfully noted that two Christian families have already left the village and reconverted to Hinduism, unable to bear the ongoing persecution. While the situation may appear calm on the surface, it remains deeply volatile. The tiny Christian minority lives in fear, anxious and uncertain about the future—especially about what will happen when one of them dies.

i. A Christian Body Was “Converted” to Hindu to Secure Burial

Madhu Harijan, age 27, son of Dambaru Harijan from Menjar village in Pujariguda Panchayat under Nabarangpur block, died on 22nd October 2024 in the district government hospital. The village has only 8 Christian families amidst hundreds of Hindu families.

When Madhu’s body was brought back to the village in a coffin, it infuriated the Hindu villagers, who refused to provide any burial space. The deceased’s family filed complaints with the police and local government officials. Although the police and officials arrived in the village, they remained indifferent—neither intervening effectively nor attempting to pacify the anti-Christian agitators.

The pleas of the grieving Christian family were ignored, and the body lay unburied for nearly two days. The community was heartbroken, not only by the loss but by the humiliation and denial of dignity in death. They shared those multiple requests to government officials for a designated burial ground had gone unanswered for years.

The Hindu agitators insisted that the deceased must be “converted to Hinduism” as a precondition for burial in the village. The Christian family initially refused to renounce their faith. However, as the body began to decompose, the stench and desperation broke their resistance.

With no support from officials or police, the family finally succumbed to pressure from the dominant Hindu villagers. In a painful trade-off, Madhu’s body was “converted into a Hindu” and buried according to Hindu rituals—a condition imposed by the local majority to allow the burial.

“A Christian body cannot be buried in our village unless it is made Hindu,” one agitator reportedly declared.The specially prepared coffin was discarded. Instead, the body was wrapped in a coarse village mat (“patti”), tied to bamboo sticks, and carried away without Christian rites. The family lamented that the burial lacked dignity, and Christian funeral traditions were entirely denied.“We were not even allowed to grieve properly,” said one relative.

“There was no prayer, no final blessing, no Christian rites. Only forced rituals. We were robbed of our last goodbye.”

Madhu’s mother, Satai Harijan, and his relative Budhei Harijan expressed deep sorrow and humiliation.

They described the experience as deeply scarring, not just for the family but for the entire Christian community in the village. They hope this kind of dishonouring of the dead never happens again, to anyone.

A Christian Dead Body “Converted” to Hinduism to Secure Burial
Chandra Harijan, aged 73, a member of the Dalit community from Suruguda village under Dangarbheja Panchayat in Nandahandi block, Nabarangpur district, passed away on 3rd November 2023. Chandra and his wife, Jamuna Harijan, were both Christians by faith. Of their two daughters, one is Christian and the other Hindu—reflecting the religious diversity within the family and among extended relatives.

Chandra’s death became a source of conflict, not just within the family but also in the village, over access to burial grounds. Suruguda is a Dalit-hindus majority village, with only 12 Christian families. As Chandra was a practising Christian, his wife Jamuna wished to bury him according to Christian rites. However, Hindu villagers opposed the burial of a Christian in the village burial ground, even after 24 hours had passed. Pressure mounted from both the village community and Hindu relatives, who insisted that Chandra’s body must be treated as Hindu in order to be buried.

Feeling isolated, helpless, and under pressure, Jamuna Harijan reluctantly gave in. She allowed her husband’s body to be “converted” into Hinduism and buried according to Hindu customs. Though forced into compliance, Jamuna continues to practise Christianity privately. The local Christian community expressed anguish over the repeated denial of burial rights. They noted that multiple representations had been made to the district administration over the years, seeking a designated burial ground. On at least one occasion, officials had initially agreed, but later withdrew the offer following protests by Hindu agitators, who demanded that no land be allocated to Christians for burial purposes.

This failure of administrative resolve, and continued inaction by the police, has left Christians feeling neglected, vulnerable, and disenfranchised. The situation in Suruguda reflects a larger pattern in the region—where the right to bury the dead with dignity has become a tool of intimidation, used by dominant Hindu groups to pressure Christians into forced conversions or social subordination. “We can’t even bury our dead with respect,” one community member said.

“We are haunted by uncertainty. What will happen when the next person dies?”

There is a growing sense of fear, anxiety, and humiliation among the Christian minority. The administration’s silence and the police’s indifference—or, at times, passive complicity—further embolden anti-social elements. These repeated denials of fundamental and constitutional rights amount to a serious violation of human dignity and freedom of religion.

Adivasi Family Refused to Convert to Hinduism, Forced to Bury Their Dead in a Distant Dalit Cemetery

Jitu Bhatra, age 60, a Christian belonging to the Adivasi community, died on 28th October 2022 in Gulibodona village, Dodhra under Jharigoan block, Nabarangpur district. The village is Hindu-dominated, with only two Christian families—one Adivasi and one Dalit. Jitu was the only Adivasi Christian in a predominantly Adivasi Hindu village. Upon his death, tensions escalated quickly. According to relatives of the deceased and media reports, local Hindu villagers had repeatedly pressured Jitu to convert to Hinduism while he was alive. He had resisted, and his death became the trigger for communal hostilities.

Once news of his death spread, the Hindu villagers declared that the common burial ground could not be used, asserting it was meant only for Adivasi Hindus and that Christians had no right to be buried there. The deceased’s relatives pleaded with local government officials, requesting assistance to perform the burial with dignity.Despite the body lying unburied for over 24 hours, the officials failed to persuade the Hindu majority to permit burial in the common ground. Instead, they began searching for alternative burial sites.

Tensions escalated dramatically as over 300 tribal men from nearby villages (Niropodor and Gobri) arrived and fortified the village lanes and the cremation ground to physically block any attempt by the Christian family to bury Jitu in the village. This atmosphere of hostility left the bereaved family terrified and desperate.The relatives made a final appeal to officials, asking to bury the body anywhere within the village as per the administration’s guidance. A site near Gulibodona was tentatively offered. However, when a new site was identified, local Hindu residents rushed in and forcibly stopped the burial once again.

With no peaceful resolution in sight and fearing decomposition of the body, officials transferred the remains to the morgue at Umerkote Community Health Centre. Meanwhile, the bereaved relatives were verbally abused and attacked with bamboo sticks by local villagers. No meaningful intervention or protection came from the administration even after two days.

Finally, out of helplessness and humiliation, the family transported the body to Umerkote, approximately 7 kilometers away, where they buried Jitu in the Dalit cemetery of GLEC, Bhatra. Though the burial was completed, the family expressed deep sorrow and distress over having to bury their loved one far from his ancestral land, against both tradition and cultural values.

“This was a complete denial of dignity in death,” said one relative.

“We buried him like an outsider, not in the land where he was born and raised.”

The trauma for the Christian families in Gulibodona is ongoing. They continue to face systemic discrimination, social boycotts, and untouchability-like practices. Village tube-wells are reportedly washed before and after Christians use them. Community members refuse to share meals or invite them to social functions.The nightmare is far from over. Christians in the area live under a constant cloud of fear, exclusion, and uncertainty, particularly regarding the right to bury their dead with dignity—a right that is both fundamental and constitutional.

Burial of Christian Girl Becomes Epicentre of Roadblocks and Strikes

Pushpanjali Bagh, aged 20, daughter of Subash Bagh (age 42), a resident of Dongri Street in Umerkote town, Nabarangpur district, died on 9th September 2022 in a government hospital due to a health condition.

Following her death, the issue of burial triggered major unrest in Umerkote. There were two burial grounds in the area: one was an exclusive cemetery belonging to the JELC Church (a local unit of the Lutheran Church), and the other a common burial ground. However, as Pushpanjali was not a member of the JELC Church, she was not permitted burial in that cemetery.

In response, the administration allocated an alternative burial site for the grieving family. However, the site turned out to be uneven, marshy, overgrown with creepers, and lacking a proper access road. As the body lay in the street, the deceased’s relatives demanded a more suitable site, asserting the need for dignity and respect in burial.

Upon inspection, officials acknowledged that the assigned site was not suitable for burial. As night approached, the administration hurriedly identified and allotted a different site for the burial. However, Hindu groups in the town vehemently opposed the allocation of land to Christians.

Tensions escalated the following day. The Hindu agitators demanded the immediate removal of the body, claiming the burial site was too close to a public road. The bereaved family refused, stating that moving the body would dishonour the deceased and violate their religious sentiments.

The situation quickly spiraled out of control, with roadblocks and strikes called by Hindu groups. Protests spread across Umerkote town, and the administration, fearing further unrest, was forced to impose Section 144 of the Criminal Procedure Code, which prohibits unlawful assembly. A lathi charge (baton charge) was eventually ordered to disperse the agitating crowds.

It took five days of negotiations, involving religious and community leaders and district officials, to de-escalate tensions and restore peace. The burial was eventually completed, but the incident left deep scars on the local Christian community.

“We only wanted a peaceful burial for our daughter,” said a family member.

“But we were dragged into a communal storm just for trying to honour her with dignity.”

This incident reflects the fragile communal dynamics in the region and the institutional gaps in securing fundamental rights such as dignified burial, especially for minority communities. The denial of timely, appropriate burial and the subsequent intimidation and communal agitation are clear violations of constitutional protections, including the right to life, dignity, and freedom of religion under Articles 21 and 25 of the Indian Constitution.

Our Observations and Analysis:

• Socio-Demographic Brief of the District

Nabarangpur district records the highest Multidimensional Poverty Index (MPI) score in Odisha, with 59.31% of its population living below the poverty line, as per NITI Aayog’s National Report, 2021. The MPI considers three equally weighted dimensions: health, education, and standard of living. Alarmingly, more than half the population is deprived of basic necessities, including food, making Nabarangpur the most impoverished district in the state.(Source: The New Indian Express,27 Nov, 2021)

The district’s combined deprived population is estimated at 71%. Illiteracy rates are particularly high among Scheduled Tribes, with 51% of the ST population being illiterate. Among Adivasi women, illiteracy rises sharply to 72%, according to the 2011 Census.

The burden of high illiteracy, combined with extreme poverty, has led the district to become a hotspot for superstitions and a lack of awareness regarding basic fundamental and constitutional rights and values.

Pattern of Denials, Desecration, and Untouchability Practices

The case of Mrs. Rupiya Harijan, from Deoulokona village under Bamnaguda Gram Panchayat of Jharigoan Block, Nabarangpur district, follows a disturbingly familiar pattern. When a Christian dies in a village or municipality, the grieving process is immediately disrupted by hostility from dominant non-Christian (mostly Hindu) groups.

As soon as the mourning begins, Hindu fundamentalists and local enforcers (touts) gather, declaring that the deceased cannot be buried in the common burial ground—or even on private family-owned land. Their justification is rooted in a toxic narrative: Christians “pollute” the village, and their dead become “untouchable”. Unless the bereaved family converts to Hinduism, or at the very least agrees to have the dead body “converted”, burial is forbidden.

In such cases, violence or threats often ensue. When Christians seek help from police and administrative officials, those officials may visit the village, but frequently fail to intervene effectively. In several incidents, officials have been seen allegedly siding with the aggressors, facilitating coerced conversions or suggesting that the family bury the body in remote forested areas or in distant villages with a Christian presence.

Families are prevented from grieving in peace, and the dignity of the dead is violated—often in the presence of police and government officials, who remain indifferent or passive, despite their constitutional obligations.

In a revealing public statement, Mr. Sunil Kumar Behera, district working president of the Vishwa Hindu Parishad (VHP), acknowledged that such incidents are the result of a VHP campaign titled “Jago aur Jagao” (Awaken and Awaken Others). Speaking to media, Mr. Behera claimed that villagers have a right to deny burial to Christians because “they did not take permission from the villagers when they converted.” He also said that during a meeting with the District Collector, the administration explained that “three types of Christians” exist and burial places are designated accordingly. (Source: YouTube video interview)

The issue is compounded by the fact that while Christians do have a few designated burial grounds in certain villages, common burial grounds have effectively become Hindu-only spaces, violating both customary 5th scheduled Areas traditions and constitutional rights. In Christian tradition, burials take place in the deceased’s native village, not in faraway settlements. The administration’s reliance on discriminatory logic for determining who gets burial rights is deeply concerning.

In the case of Raighar police, although they were aware of threats to deny burial, desecrate the body, and vandalize the burial site, they claimed ignorance when the body was exhumed. The police insisted they would act only upon receiving written complaints—a procedural evasion in the face of blatant criminal activity. Video evidence exists of the culprits involved in assaults and vandalism, yet the local police have allegedly failed to identify or arrest the perpetrators. This inaction or collusion emboldens mobs to act with impunity and violates the right to a dignified burial, enshrined in Articles 17, 19, 21 and 25 of the Constitution.

This is not just the story of Rupiya Harijan, but the broader story of Odisha—and India. The struggles of Gangadhar Santa, aged 27, illustrate the deep personal cost of this discrimination. His father was not a Christian. His mother avoids religious identification and participates in both Christian and Hindu rituals. One of his uncles, Tirpu Santa, is a practicing Christian. When Tirpu sought to bury his father in 2025, he was coerced into renouncing his faith, signing an undertaking under pressure from a local tout allegedly working in tandem with the police.

This coercion has fractured Tirpu’s family, sowing fear and suspicion. He lives under constant threat, as do others in his community. His case is not just about burial—it is a test of India’s diversity, faith, and freedom. It is, fundamentally, a test of the Indian Constitution and the idea of India itself.

•  Flouting of Provisions – Bharatiya Nagarika Surakhya Sanhita, 2023 Dealing with Mobs Taking the Law into Their Own Hands (Sections 189–197, 351–356), Especially with Respect to the Rights of the Deceased

Sections 189–197: Offences Against Public Tranquillity: These sections cover unlawful assembly, rioting, affray, especially:

Section 196 – Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and committing acts prejudicial to the maintenance of harmony.

Sections 351–356: Criminal Intimidation, Insult, Annoyance, Defamation, Mischief, Breach of Peace, etc.

Sections 298–305: Rights of the Deceased

Section 298: Whoever destroys, damages, or defiles any place of worship or any object held sacred by any class of persons, with the intention of thereby insulting the religion of that class or with the knowledge that it is likely to be considered an insult, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 299: Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words (spoken or written), signs, visible representations, electronic means, or otherwise, insults or attempts to insult the religion or religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 300: Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 301: Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 302: Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 305: Whoever commits theft of an idol or icon in any place of worship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

•  Viiolation of the Protection of Civil Rights Act, 1955 (Amended 1976)

The Untouchability (Offences) Act of 1955 was renamed the Protection of Civil Rights Act in 1976 to broaden the scope of protections and to effectively enforce Article 17 of the Indian Constitution, which abolishes untouchability and forbids its practice in any form.

The Act makes the practice of untouchability a punishable offense under the law. Offenders are to be penalized to uphold the principles of equality and equal treatment in society. It prescribes penalties for those who practice or enforce untouchability, including:

Refusing to sell goods or provide services,

1. Denying access to public places, and
2. Preventing individuals from freely practicing their religion.

6. Flouting of National Human Rights Commission Guidelines

NHRC issues Advisory to the Centre and States to ensure dignity and the rights of the dead (14.05.2021)

“14 May, 2021: The National Human Rights Commission (NHRC) is mandated by the Protection of Human Rights Act, 1993, to protect and promote the human rights of all human beings in the country. It is a well-accepted legal position that the right to life, fair treatment and dignity, derived from the Article 21 of the Constitution of India, extends not only to the living persons but also to their dead bodies.

In both natural or unnatural deaths (accident, suicide, homicide, etc.), it is the duty of the State to protect the rights of the deceased and prevent crime over the dead body. It is also a requirement that the States/ UTs prepare a SOP in consultation with all the stakeholders so that the dignity of the dead is ensured and their rights are protected. The stakeholders include Hospital Administration, Police, Forensic Medicine personnel, District Administration, Municipal Corporation, Civil Society Groups, etc., as well as the citizens of the country.”

NHRC guideline further cites, along with many others, “International Framework 5. International humanitarian law [Article 130(1) of the fourth Geneva Convention] provides that States should ensure that ‘graves are respected, properly maintained, and marked in such a way that they can always be recognized’.

NHRC, it reiterates the” National Framework,  21 of the Indian Constitution which guarantees the Right to Life, embraces many aspects of a person’s life including Right to Dignity. By various judgments of the Supreme Court and High Courts, this right has been extended to dead persons also.

1. Supreme Court Cases:

i. In the case of Parmanand Katara v. Union of India, 1989 (W. P. (Crl) No. 270 of 1988, SCC (4) 286), the Supreme Court highlighted the importance of conferring dignity to dead persons. Again, it was reiterated by Apex Court in the case of Ashray Adhikar Abhiyan v. Union of India, 2002 (W. P. (C) 143 of 2001), that dignity of the dead must be maintained and respected. Moreover, it extended the right to the homeless deceased person to have a decent cremation according to the religious customs to which one belongs to, it also established a corresponding duty on the State to ensure that decent cremation is served to the person.

ii. In P. Rathinam v. Union of India, 1994 (SCC (3) 394), the ambit of article 21 was widened to include the dignity of a person. It emphasized that the right to life means a meaningful life and not merely animal existence. Further, this right to dignity was also expanded to a dead person.

2. High Court Cases:

i. In the case of S. Sethu Raja v. Chief Secretary, 2007 (W.P. (MD) No. 3888 of 2007), the Madras High Court directed the Government authorities to bring the dead body from Malaysia, so that burial can take place at home according to traditions and customs.

ii. Ramji Singh and Mujeeb Bhai Vs. State of U.P. & Ors, 2010 (PIL) No.- 38985 of 2004) – In this case the Allahabad High Court contended that a person’s right to life includes the right of the dead body to be treated with the same respect that he would have deserved if he were alive. It is imperative for the State to treat the corpse with dignity, and must only resort to postmortem if it is a necessity.

3. Direction to Central government:

1. No discrimination in treatment of the body in any form- To ensure that the dead body is properly preserved and handled irrespective of religion, region, caste, gender, etc.

2. Decent and timely burial/ cremation- The deceased person has the right to a decent and timely burial/ cremation.

3. To carry out a legal will- The will, if any, left by the dead must be respected and honoured.

4. No defamation after death- The deceased person should not be defamed by any kind of statement or visible representation, made or published intending to harm his/her reputation.

5. No breach of privacy- The deceased person has the right to privacy, i.e., the right to control the dissemination of information about one’s privacy.

iii. Preparation of SOP: State Governments should make their own SOPs, as required, to ensure dignity of the dead, taking into account the specific practices, rituals, customs, etc., followed in their respective States/ regions.

4.  Local Government/ Administration:

i. Ensuring appropriate disposal of the dead body: In the event of legal heirs disowning the body and depriving it of a decent burial, the local Government / civic body should ensure proper disposal of the body after due legal procedures like post-mortem etc.

ii. Maintenance of burial grounds/ crematoriums: It must be ensured by the State/ Local Government that the condition of crematoriums, burial grounds, electric crematoriums are properly maintained to keep them in effective working conditions.

iii. Transportation of the dead bodies: The local authorities should ensure that the transportation facilities are available to transport the body of the deceased at the request of family members.

5. Police:

1. No derogatory remarks: Personal remarks or comments which are derogatory in nature, hampering the dignity of a dead person, should not be published.

6. Civil Society Organizations and NGOs: The CSOs/NGOs should come forward to take up the responsibility of performing last rites of the unclaimed and unattended bodies in dignified manner.

7. Enact specific legislation to protect the rights of dead: There is a need for specific legislation to be enacted for the purpose of upholding the dignity and protecting the rights of the dead.

Additional observations with regards to the dead person rights

The Supreme Court although it has split verdict over burial place; yet there was commonality; held this in the matter of Ramesh Baghel v. State of Chhattisgarh and Ors (2025), Justice B.V. Nagarathna and Justice Satish Chandra Sharma  “No absolute right to burial choice; state must ensure spaces for all”

In recent Case where, Chennai High Court in Anandhi Simon vs The State Of Tamil Nadu (W.P.No.7620 of 2020)

The Hon’ble Supreme Court in many cases has also observed and interpreted that right to have a decent burial is also included in Article 21 of the Constitution of India. The right to human dignity is not restricted to living human being but is available even after the death also. This view was recognized by the Apex Court for the first time in a Public Interest Litigation filed by an Advocate in the case of Pt.Parmanand Katara vs. Union of India reported in 1995 (3) SCC 248. Later in many cases, the Court held that the right to human dignity is also a right under Article 21 of the Constitution of India:  From the aforesaid decisions, “ It is clear that the law has recognized the fundamental right of a dead person to have a decent burial”.

Additional Observations & Key Findings: Additional Observations & Key Findings:

It is alarming that massive rights violations are taking place in the backyard of the Minister of Adivasi, Dalit, and Minority Affairs of Odisha Government, when common sense suggests that he should have been working towards their safeguards. Immediate attention is required.

• Religious minorities are tiny communities: While Hinduism is the dominant religion, Christianity and Islam have a presence, making up 2.63% and 0.55% of the population, respectively. The Christian population is even below the state average. There is a false alarm suggesting that religious minorities are a threat; rather, they should be seen as part of India’s diverse heritage. However, vested interest groups portray them as a threat, undermining this diversity.
• Minorities are shell-shocked by recent events: The state of trauma among religious minorities can be gauged from these representative statements:
  Visibly distressed and barely able to speak, a mother grieves, “My only son has died. We were compelled to sign an agreement to convert to Hinduism. We live in fear.”A paternal aunt recounts, “Under duress, we signed the agreement. “A younger minor sister states, “During this altercation, I was severely beaten and my clothes were torn. I felt humiliated and violated.” A community leader adds, “A certain BJP leader incited violence by chanting, ‘Kill them, kill them, kill those who dig the grave.’”
  Except in two cases where written complaints were lodged — and that too with fear — no complaints have been filed with the police, although the aggrieved have sought their assistance. Several representations to the concerned tehsil have not yielded any outcome, allowing the situation and conflicts to linger.
• Newer forms and massive scale of atrocities, including desecration of the dead and burial denials, are increasing:
  Violence against minorities — particularly Christians — is not new to Odisha. However, the newer and increasingly widespread forms of atrocities by religious bigots, illiterate village touts, and dominant religious groups, often aided by political actors, are deeply concerning. These groups display blatant disregard for religious minorities and legal authorities, violating several fundamental rights.
  These violations include forceful conversions to Hinduism, threats of violence for practicing Christianity, desecration of Christian dead bodies, denial and exhumation of burial sites, threats of excommunication, social boycotts, electricity disconnections, and untouchability practices — all alarmingly rampant in Nabarangpur district.
• Blatant misuse and misinterpretation of Fundamental Rights and PESA Act:
  There is widespread misinterpretation of Fundamental Rights under Article 13(3) of the Constitution and misuse of the PESA (Panchayat Extension to Scheduled Areas) Act, 1996 in tribal areas. This has led to the denial of the right to life, dignity, and decent burial even for Adivasis of Christian faith. Such misuse defeats the very purpose of the Act and violates constitutional safeguards under Articles 14, 15, 17, 19, 21, and 25. Tiny religious minorities, especially Christians, have become victims of the brute power of petty, illiterate village touts and religious bigots.
• Absence of civil society response:
  The team could not find any civil society organizations actively taking note of these brutal incidents or facilitating the survivors in addressing their grievances or seeking justice. This may be due to ignorance or a trust deficit in statutory bodies such as the National/Odisha State Commission for Protection of Child Rights, Women’s Commission, National/Odisha State Human Rights Commission, Scheduled Tribes Commission, and the National Commission for Minorities.
• Lack of mainstream media coverage:
  The team is yet to come across any in-depth analytical reports on these fundamental rights violations from mainstream media outlets.
• Recommendations and conclusion:

i. Train both police and administrative officials at the state and district levels on fundamental,

constitutional, and human rights of religious minorities—particularly concerning the rights and dignity of the dead. Stringent action should be taken against officials who are either indifferent or tacitly promote rights violations.

ii. Enact specific legislation to protect the rights of the dead: There is an urgent need to legislate protections that uphold the dignity and rights of the deceased, in accordance with NHRC guidelines, constitutional provisions, and Supreme Court rulings. This would help curb the ongoing disrespect for the dead.

iii. Apply relevant sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—specifically Sections 189–197, 297–299, and 351–356 to ensure the rights of religious minorities are constitutionally protected.

iv. Implement the Protection of Civil Rights Act (1955, amended 1976): This Act enforces Article 17 of the Constitution, which abolishes untouchability. As groups denying burial to Christians treat them as impure or untouchable, the law should be applied not only to locals but also to officials complicit in such actions.

v. Halt the misuse of the PESA Act where it is used to violate the fundamental rights of religious minorities especially concerning for upholding rights and dignity of the dead person under the guise of protecting tribal culture.

vi. Take legal and administrative action against fundamentalist groups that misguide tribal communities and foment communal unrest.

vii. Identify and investigate criminal elements among touts and religious bigots who incite Adivasi and Dalit communities, causing public disorder and religious disharmony.

viii. Establish a consistent interface between law enforcement agencies, the district administration, and civil/community leaders to restore public trust and accelerate inclusive development processes.

ix. Create a District Minority Forum Cell to monitor and support religious minorities, and facilitate the protection of intersectional rights of Adivasis, Dalits, and religious minorities.

x. Provide land for Christian burial grounds, recognizing that the right to burial is as essential as the right to life and liberty under Articles 19 and 21 of the Constitution.

xi. Activate District Legal Services Authorities (DLSAs) to conduct paralegal training on intersectional and constitutional rights, especially focusing on Articles 14, 15, 17, 19, 21, and 25, and the specific provisions related to Adivasis, Dalits, and religious minorities.

xii. Compensate affected victims and survivors for trauma, livelihood losses, and forced displacement. Offer legal protection and initiate witness protection measures to assist in police investigations and court proceedings, ensuring justice and safe return of the displaced.

xiii. Strengthen community policing by recruiting officers from diverse backgrounds and grounding them in relevant laws such as the SC/ST (Prevention of Atrocities) Act, POCSO, Women and Minority Protection Laws. Cultivate a spirit of respect for all religious spaces—temples, churches, and mosques alike.

xiv. Prioritize holistic development programs and establish legal aid cells to support citizen-centric welfare schemes. Encourage and support civil society participation to promote truth, justice, and reconciliation in affected communities.

• Conclusion:

The aim of this report is to document the incidents and make them public in order to prevent their recurrence and promote peace and harmony. The report is based on testimonies provided by survivors, whose names have been withheld to protect their identities. This visit and subsequent report constitute a joint fact-finding effort into the violations faced by Adivasi, Dalit, and minority communities in Odisha. Two separate visits were undertaken by a group of advocates: one investigating instances of burial denials and related conflicts in Balasore district, and another examining the case of police officials allegedly entering a church and brutally assaulting Catholic priests, minors, and Adivasi women in Mohana, Gajapati district.

This article was originally published on https://countercurrents.org/2025/05/freedom-to-be-buried-a-new-struggle-for-christians-in-odisha/