PRABHAT BALOTIYA Vs. STATE OF M P

JUDGEMENT

(1.) A rare demand for handing over the dead body of the deceased Praveen Kumar Balotiya has been made by the parents and brothers of the deceased in order to enable them to perform funeral of the deceased according to Hindu religion with an allegation that he was wrongly cremated on account of alleged conversion to Christianity. A direction has also been sought for prosecution of respondent Nos. 6 to 8 on the ground that their conduct allowed the last rites of the deceased to be performed by cremation according to another religion.

(2.) BRIEFLY stated facts are that Praveen Kumar Balotiya, a Hindu by religion was married to Benzaliv (respondent No. 8) on 10. 9. 2004. On 26. 2. 2006 Baptism was performed on him and he was converted to Christianity. On 18. 4. 2008 Praveen kumar Balotiya died. It is alleged that due to intervention of Police, the dead body of Praveen Kumar Balotiya was allowed to be cremated according to christian customs. It is alleged that during his life time, Praveen Kumar Balotiya as well as his wife were following customs of Hindu religion. Cremation was made according to Christian religion due to the intervention of police who allowed it to be cremated on the ground that the wife of the deceased had the first right over the dead body. It is stated that the factum of alleged conversion of Praveen kumar Balotiya to Christianity was not intimated to the District Magistrate as required under Section 5 of M. P. Dharma Swatantrya Adhiniyam, 1968. According to the petitioners it amounted to forcible conversion which is prohibited by virtue of the provisions of the said Act and the Rules made thereunder.

(3.) RESPONDENT Nos. 6 to 8 and 9 submitted their separate returns. They contended that Praveen Kumar Balotiya accepted conversion to Christianity voluntarily as per his own will and faith. There was no forcible conversion. Accordingly, his dead body was rightly cremated as per Christian religion and the writ petition is liable to be dismissed.