Sukma gram sabha denies burial land to tribal Christians, citing PESA
Can a gram sabha's power to protect tribal custom be used to deny a fellow villager a grave?
Published 7 October 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
A gram sabha (the assembly of all voters in a village) in Punpalli village of Sukma district, Chhattisgarh, has passed resolutions barring the entry of pastors and refusing village land for the burial of tribal people who follow Christianity, The Indian Express reported. About 75 Christian tribal residents would have to travel more than 13 km to bury their dead. The resolutions invoke the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Fifth Schedule of the Constitution, and claim to protect tribal cultural identity. The report says similar resolutions have been adopted in at least four villages in Sukma and about ten across the Bastar region.
PESA extends panchayats to Scheduled Areas in ten States, including Chhattisgarh, and Section 4(d) makes every gram sabha "competent to safeguard and preserve" the traditions and customs of the people, their cultural identity, community resources and customary mode of dispute resolution. Chhattisgarh notified its PESA Rules in 2022. On 3 November 2025, a Chhattisgarh High Court bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru (Digbal Tandi v. State of Chhattisgarh) upheld gram sabha hoardings barring pastors and converts from entering villages, calling them a precautionary measure against conversion by inducement, and pointed petitioners to a remedy under Rule 14 of the State's PESA Rules. On 16 February 2026, the Supreme Court dismissed the appeal, saying the petitioner should first approach the competent authority.
Burial disputes have reached the Supreme Court before. In Ramesh Baghel's case on 27 January 2025, Justice B.V. Nagarathna called the refusal to let him bury his father in Chhindawada village "unfortunate, discriminatory and unconstitutional", while Justice Satish Chandra Sharma held there is no "unqualified right" to choose the place of burial; despite the split, both directed burial at the designated Christian ground in Karkapal, about 20 km away. On 18 February 2026, a three-judge bench stayed the exhumation of buried bodies of tribal Christians in Chhattisgarh villages. Legal experts quoted in the report argue that denying burial or entry on the basis of religion violates the freedom of religion in Articles 25 to 28; the resolutions' backers rely on PESA's protection of custom.
Prelims facts
- A gram sabha in Punpalli, Sukma district, Chhattisgarh, has refused village land for burial of tribal Christians and barred pastors, citing PESA and the Fifth Schedule.
- Section 4(d) of PESA makes the gram sabha competent to safeguard traditions, customs, cultural identity, community resources and customary dispute resolution.
- The Chhattisgarh High Court upheld gram sabha hoardings barring pastors on 3 November 2025, and the Supreme Court dismissed the appeal on 16 February 2026.
- In Ramesh Baghel's case (27 January 2025) a two-judge Supreme Court bench split, but directed burial at a designated Christian ground about 20 km from the village.
- On 18 February 2026, the Supreme Court stayed exhumation of buried bodies of tribal Christians in Chhattisgarh.
Quick recall
- Which village's gram sabha in Sukma was reported in October 2026 to have denied burial land to tribal Christians?
- Punpalli, in Sukma district, Chhattisgarh.
- Which section of PESA lets the gram sabha safeguard traditions and customs?
- Section 4(d).
- When did PESA come into force?
- 24 December 1996.
- In how many States does PESA apply?
- Ten States with Fifth Schedule areas.
- When did Chhattisgarh notify its PESA Rules?
- 2022.
- Which case upheld gram sabha hoardings barring pastors?
- Digbal Tandi v. State of Chhattisgarh, Chhattisgarh High Court, 3 November 2025; SC dismissed the appeal on 16 February 2026.
- Where was Ramesh Baghel's father finally buried?
- At the designated Christian burial ground in Karkapal, about 20 km from his village.
- What did the Supreme Court order on 18 February 2026?
- A stay on the exhumation of buried bodies of tribal Christians in Chhattisgarh villages.
Prelims practice question
Under Section 4(d) of the Panchayats (Extension to Scheduled Areas) Act, 1996, the gram sabha is competent to safeguard and preserve which of the following?
1. Traditions and customs of the people and their cultural identity
2. Community resources
3. Places of worship of all religions in the village
Select the correct answer using the code given below.
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: (a) 1 and 2 only. Section 4(d) lists traditions and customs and cultural identity, community resources, and the customary mode of dispute resolution. Places of worship are not part of the list, so 3 is wrong.
Use this in UPSC Mains: previous-year questions
Recurring theme: Tribal self-rule under PESA and the Fifth Schedule, and its limits under fundamental rights and secularism
Discuss India as a secular state and compare with the secular principles of the US constitution.
How to use thisUse the Chhattisgarh burial disputes to show Indian secularism's demand that the State protect equal religious freedom even against local majorities.
- A Punpalli gram sabha in Sukma denied burial land to about 75 tribal Christians, citing PESA and the Fifth Schedule.
- In Ramesh Baghel's case (January 2025), Justice Nagarathna called a burial refusal "unfortunate, discriminatory and unconstitutional".
- The Supreme Court stayed forcible exhumations of tribal Christians' bodies in Chhattisgarh on 18 February 2026.
How the Indian concept of secularism different from the western model of secularism? Discuss.
Indian secularism's equal protection of all faiths is at stake when a village body denies burial on religious grounds.
The Punpalli resolutions invoke the Fifth Schedule, whose purpose is to protect the interests of Scheduled Tribes.
The Fifth Schedule, the constitutional base for the gram sabha's claims in Sukma, is the answer; the rabbithole explains the Samatha ruling behind it.
Mains practice question
PESA empowers gram sabhas to safeguard the customs and cultural identity of tribal communities. Can this power be used to restrict the religious freedom of members of the same community? Discuss with reference to recent developments in Chhattisgarh. (250 words)
Model answer
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) gives gram sabhas in Fifth Schedule areas power to protect tribal custom. A Punpalli gram sabha in Sukma, Chhattisgarh, has used it to deny burial land to tribal Christians and bar pastors, testing the limits of that power.
The case for gram sabha power
- Section 4(d) of PESA: the gram sabha is competent to safeguard traditions, customs, cultural identity and community resources.
- Judicial support: the Chhattisgarh High Court (3 November 2025) upheld hoardings barring pastors as a precaution against conversion by inducement; the Supreme Court dismissed the appeal on 16 February 2026.
- Self-governance: PESA rests on the idea that tribal communities decide their own affairs.
The case against
- Article 25: every person is equally entitled to freedom of conscience and to profess, practise and propagate religion, subject to public order, morality and health.
- Equality and dignity: Justice B.V. Nagarathna called a 2025 burial refusal "unfortunate, discriminatory and unconstitutional".
- Protecting custom is not exclusion: PESA protects the community's culture, but tribal Christians are members of that community.
- Human cost: about 75 residents must travel over 13 km to bury their dead; the Supreme Court stayed forcible exhumations in February 2026.
Way forward
- States should earmark burial grounds for every community, a duty Justice Sharma also recognised.
- Gram sabha resolutions should be tested against Part III rights before enforcement.
- Use PESA rules' grievance remedies and district-level mediation to prevent conflict.
PESA's protection of custom must be read in harmony with fundamental rights, so that self-rule does not become a licence to exclude.
The basics
Why this matters
This story sits where three parts of the syllabus meet: local self-government in tribal areas, fundamental rights, and secularism. A Mains answer on it needs to show how PESA's protection of custom and the Constitution's freedom of religion can be read together. Prelims can test PESA, the Fifth Schedule and the key court rulings.
Self-rule in Scheduled Areas
The Constitution treats tribal areas specially. The Fifth Schedule governs the administration of Scheduled Areas in ten States. The 73rd Amendment's panchayat system did not apply there automatically, so Parliament passed the PESA Act, 1996 to extend panchayats with extra powers for the gram sabha.
- 1Traditions and customsThe people's customary ways of life
- 2Cultural identityWhat marks the community as distinct
- 3Community resourcesLand, forests and water held in common
- 4Customary dispute resolutionTraditional ways of settling conflicts
Freedom of religion
Article 25: freedom of religion gives every person freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health and to the other fundamental rights. The question is whether a community's power over its customs can override an individual member's choice of faith.
- Section 4(d) lets gram sabhas protect cultural identity
- High Court in 2025 called hoardings against pastors a precaution against conversion by inducement
- Courts have pointed petitioners to PESA grievance remedies
- Article 25 protects every person's faith equally
- Denying burial on religious grounds is discriminatory, said Justice Nagarathna
- Tribal Christians are members of the same community
The courts so far
The Ramesh Baghel burial case and later orders show the Supreme Court balancing these claims case by case.
- 27 Jan 2025Supreme Court splits in Ramesh Baghel's case, orders burial at Karkapal, about 20 km away
- 3 Nov 2025Chhattisgarh High Court upholds gram sabha hoardings barring pastors
- 16 Feb 2026Supreme Court dismisses appeal against the High Court ruling
- 18 Feb 2026Supreme Court stays exhumation of tribal Christians' bodies
- Oct 2026Indian Express reports Punpalli gram sabha in Sukma refusing burial land to tribal Christians
Reading them together
PESA was meant to give tribal communities self-rule over their resources and customs. Whether it can be used by a majority within a tribe against a minority within the same tribe is the constitutional question these resolutions raise.
Go deeper
In one line: A Sukma gram sabha has refused burial land to tribal Christians, citing PESA, reopening the clash between tribal self-rule and individual freedom of religion.
Why it matters for UPSC
GS2 tests Panchayati Raj, the Fifth Schedule and fundamental rights; secularism appears in GS1 (Mains 2018) and GS2 (Mains 2024). Prelims has asked about the Fifth Schedule (2015, 2019).
The core idea
The Fifth Schedule protects tribal areas, and the PESA Act, 1996 gives their gram sabhas power to safeguard custom and cultural identity. Some gram sabhas in Bastar now use that power against tribal Christians, barring pastors and denying burial land. Opponents say this breaches Article 25: freedom of religion. The Supreme Court's split ruling in the Ramesh Baghel burial case shows how hard the courts find this balance.
Numbers and dates to remember
- PESA came into force on 24 December 1996; it covers Scheduled Areas in ten States.
- Chhattisgarh notified its PESA Rules in 2022.
- About 75 Christian tribal residents in Punpalli; nearest alternative more than 13 km away.
- 27 January 2025: split verdict in Ramesh Baghel's case.
- 3 November 2025: Chhattisgarh High Court upholds hoardings barring pastors.
- 16 February 2026: Supreme Court dismisses the appeal.
- 18 February 2026: Supreme Court stays exhumations.
Where to go next
- PESA Act, 1996: the law the gram sabhas invoke.
- Fifth Schedule: the constitutional base for Scheduled Areas.
- Article 25: freedom of religion: the right the resolutions are said to breach.
- Ramesh Baghel burial case: the Supreme Court's split ruling on burial.
Go deeper: community rights versus individual rights
The case for the resolutions. Supporters read Section 4(d) of the PESA Act, 1996 as giving the gram sabha authority over what is culturally acceptable in the village. The Chhattisgarh High Court, in Digbal Tandi v. State of Chhattisgarh (3 November 2025), said that "conversion by inducement by certain missionary groups is not merely a religious concern, it is a social menace" and that a general cautionary hoarding "cannot, per se, be termed unconstitutional". It directed aggrieved persons to Rule 14 of the Chhattisgarh PESA Rules, 2022. The Supreme Court declined to interfere in February 2026, telling the petitioner to approach the competent authority first.
The case against. Article 25: freedom of religion belongs to every person, not to the majority of a village. Denying a burial ground goes beyond a hoarding: it affects the dignity of the dead and their families. In the Ramesh Baghel burial case, Justice B.V. Nagarathna called such a refusal "unfortunate, discriminatory and unconstitutional". Even Justice Satish Chandra Sharma, who held that there is no "unqualified right" to choose the place of burial, said the State has a duty to provide all religious communities places for last rites. The Supreme Court's February 2026 stay on exhumations shows the courts treat interference with the buried as serious.
The structural point. The Fifth Schedule and PESA protect tribal communities' land, resources and customs. Using them to divide a tribe along religious lines raises a question PESA's drafters did not settle: whose custom does the gram sabha protect when members of the same community follow different faiths?
PESA Act, 1996
The law the gram sabhas invoke.
In one line: The Panchayats (Extension to Scheduled Areas) Act, 1996 extends the panchayat system to Fifth Schedule areas and gives the gram sabha special powers.
Why it was needed
The 73rd Amendment created Part IX on panchayats, but it did not apply automatically to Scheduled Areas. PESA, which came into force on 24 December 1996, extended Part IX to these areas with changes suited to tribal self-rule.
What it says
PESA applies to Scheduled Areas in ten States: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. Section 4(d) makes the gram sabha competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution. Chhattisgarh notified its PESA Rules in 2022.
In the news
Gram sabhas in Sukma and Bastar cite PESA to bar pastors and deny burial land to tribal Christians.
Where to go next
Fifth Schedule
The constitutional base for Scheduled Areas.
In one line: The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes.
What it does
Under Article 244(1), the Fifth Schedule applies to Scheduled Areas in States other than Assam, Meghalaya, Tripura and Mizoram, which come under the Sixth Schedule. The Schedule gives the Governor special responsibilities and provides for a Tribes Advisory Council in such States.
A landmark ruling
In Samatha v. State of Andhra Pradesh (1997), the Supreme Court held that transferring tribal land in Scheduled Areas to private parties for mining was null and void, a point UPSC asked in Prelims 2019.
Why it is in the news
The Punpalli resolutions claim authority under the Fifth Schedule and PESA to protect tribal cultural identity.
Where to go next
Article 25: freedom of religion
The right the resolutions are said to breach.
In one line: Article 25 guarantees every person freedom of conscience and the right freely to profess, practise and propagate religion.
The text and its limits
All persons are equally entitled to this freedom, subject to public order, morality and health and to the other fundamental rights in Part III. The State may also regulate secular activities linked to religion and provide for social reform. Articles 25 to 28 together make up the right to freedom of religion.
Propagation is not conversion
In Rev. Stainislaus v. State of Madhya Pradesh (1977), the Supreme Court held that the right to propagate religion does not include a right to convert another person. The Chhattisgarh High Court drew on this distinction in 2025 when it upheld hoardings against conversion by inducement.
In the news
Legal experts say denying burial land or entry to tribal Christians because of their faith violates Articles 25 to 28.
Where to go next
Ramesh Baghel burial case
The Supreme Court's split ruling on burial.
In one line: In January 2025 a two-judge Supreme Court bench split over whether a Christian man could be buried in his own Chhattisgarh village.
The facts
Ramesh Baghel's father, a pastor, died in January 2025. Villagers in Chhindawada, Bastar district, refused burial in the village, and the Chhattisgarh High Court rejected his plea on 9 January 2025, noting that a designated Christian burial ground was available in Karkapal, about 20 km away.
The split
On 27 January 2025, Justice B.V. Nagarathna called the refusal "unfortunate, discriminatory and unconstitutional" and would have allowed burial on the family's private land. Justice Satish Chandra Sharma held that last rites are protected under Part III but there is no "unqualified right" to choose the place of burial, and that the State has a duty to provide all religious communities with identified places for last rites. To avoid further delay, both judges directed burial at the designated Christian ground in Karkapal, about 20 km away.
Where to go next
Take the 7 October 2026 quiz: 30 Prelims-style questions with answers