Events & Personalities
Plea for dakhmenashini
Aware of the heartbreak caused to Parsis who cannot dispose of the bodies of Covid victims in the dakhmas (pictured), the Surat Parsi Panchayat (SPP) has moved the Gujarat High Court for relief.
The Court "issued a notice to the central and state governments as well as local authorities in Surat,” noted a report in The New Indian Express (TNIE) dated May 22, 2021. Justice Nirzar Desai ruled that the plea should be responded to on May 27. According to news reports, on that date, counsel for the central government sought time to file the reply, stating that they are yet to receive a copy of the plea. The Ahmedabad Mirror of the next day noted that "the state government’s reply would depend on the stand taken by the center” which has been given time till June 8 to file its reply. The Court will hear the case on June 9.
The TNIE news report stated that the SPP "seeks to protect the fundamental right to perform the last rites of community members who died of Covid-19 as per its tradition of dakhmenashini.” According to the plea, no guideline prohibits such religious practices, and it is the interpretation of the local authorities that is causing problems, resulting in violation of the fundamental rights of Parsis. The plea reportedly stated that "in the absence of specific guidelines for the disposal of bodies of Parsis who succumbed to coronavirus, the authorities have compelled relatives of deceased patients to opt for cremation.”
A report in LiveLaw of May 21 states the petition filed by lawyer Manan Bhatt submitted that "there is no law or notification which explicitly prohibits dakhmenashini. However, the Central guidelines on management of Covid-19 dead bodies prescribe only cremation and burial… and it is completely silent on other religious practices.
"There is no evidence of coronavirus being spread through dead bodies. Therefore, there is no reason to deny the decent funeral to the petitioners’ members. By not allowing the petitioners to follow their religious mandate, the fundamental rights, as protected under Sections 14, 19, 21, 25, 26 and 27 are being violated without any reason whatsoever.
"It is argued that there is no scientific proof available that a dead body can transmit Covid-19. On the contrary the research shows that it is transmitted through living beings only.”
Counsel Asim Pandya told the Court that the community has been compelled to opt for either cremation or burial though it was "against their religious practice and sentiments… Since the (government’s) guidelines do not recognize other modes of disposal of bodies of deceased Covid-19 patients, respondents (state, Surat municipal corporation and Surat collector) do not allow the Parsi community to follow its religious and customary mandate for last rites,” TNIE stated.
Earlier, Surat resident Mahiyar Patel, aggrieved that his father who had perished from Covid had to be cremated under the law and not be consigned as per Parsi custom, had allegedly created a "bogus High Court order” directing the SPP that dakhmenashini and burial be allowed at their Doongerwadi. The so-called "order” was widely circulated on community WhatsApp groups. Patel was arrested by the cyber crime department of the police for "inciting the religious sentiments of the Parsis” (see "Bogus court order,” Events and Personalities, Parsiana, May 7-20, 2021).
The Court "issued a notice to the central and state governments as well as local authorities in Surat,” noted a report in The New Indian Express (TNIE) dated May 22, 2021. Justice Nirzar Desai ruled that the plea should be responded to on May 27. According to news reports, on that date, counsel for the central government sought time to file the reply, stating that they are yet to receive a copy of the plea. The Ahmedabad Mirror of the next day noted that "the state government’s reply would depend on the stand taken by the center” which has been given time till June 8 to file its reply. The Court will hear the case on June 9.
The TNIE news report stated that the SPP "seeks to protect the fundamental right to perform the last rites of community members who died of Covid-19 as per its tradition of dakhmenashini.” According to the plea, no guideline prohibits such religious practices, and it is the interpretation of the local authorities that is causing problems, resulting in violation of the fundamental rights of Parsis. The plea reportedly stated that "in the absence of specific guidelines for the disposal of bodies of Parsis who succumbed to coronavirus, the authorities have compelled relatives of deceased patients to opt for cremation.” A report in LiveLaw of May 21 states the petition filed by lawyer Manan Bhatt submitted that "there is no law or notification which explicitly prohibits dakhmenashini. However, the Central guidelines on management of Covid-19 dead bodies prescribe only cremation and burial… and it is completely silent on other religious practices.
"There is no evidence of coronavirus being spread through dead bodies. Therefore, there is no reason to deny the decent funeral to the petitioners’ members. By not allowing the petitioners to follow their religious mandate, the fundamental rights, as protected under Sections 14, 19, 21, 25, 26 and 27 are being violated without any reason whatsoever.
"It is argued that there is no scientific proof available that a dead body can transmit Covid-19. On the contrary the research shows that it is transmitted through living beings only.”
Counsel Asim Pandya told the Court that the community has been compelled to opt for either cremation or burial though it was "against their religious practice and sentiments… Since the (government’s) guidelines do not recognize other modes of disposal of bodies of deceased Covid-19 patients, respondents (state, Surat municipal corporation and Surat collector) do not allow the Parsi community to follow its religious and customary mandate for last rites,” TNIE stated.
Earlier, Surat resident Mahiyar Patel, aggrieved that his father who had perished from Covid had to be cremated under the law and not be consigned as per Parsi custom, had allegedly created a "bogus High Court order” directing the SPP that dakhmenashini and burial be allowed at their Doongerwadi. The so-called "order” was widely circulated on community WhatsApp groups. Patel was arrested by the cyber crime department of the police for "inciting the religious sentiments of the Parsis” (see "Bogus court order,” Events and Personalities, Parsiana, May 7-20, 2021).
◆ ◆ ◆
From the archive