Covid Deaths- SC Issues Notice On Parsi Group's Plea To Allow Last Rites As Per Their Religious Practices

The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing the SLP against the July judgment of the Gujarat High Court dismissing the petitioners' prayer for declaring the impugned 2020 Covid-19 Guidelines on Dead Body Management, issued by the Union Ministry of Health and Family Welfare, as ultra vires Articles 14, 19, 21, 25, 26, and 29 of the Constitution. "The impugned Guidelines issued by the Ministry of Health and Family Welfare considering the prevailing situation of Covid-19, in the larger public interest for the disposal of dead bodies by cremation or burial, could not be said to be violative of any fundamental rights of the Parsees, more particularly when such means of disposal of dead bodies is also in vogue in all parts of the country and when it is not anathematic and sacrilegious to the religious practices being followed by the Parsees", the High Court had held.

It has been submitted on behalf of the petitioners that the respondent No.1 issued guidelines, namely "Covid-19 Guidelines on Dead Body Management", whereby two modes i.e. either cremation or burial are identified for the disposal of the dead body, who died due to Covid-19. According to the petitioners, the said guidelines are completely silent on the other mode of funeral/disposal of dead bodies and impliedly ignoring the other religious practices of other communities. Accordingly, the respondent authorities do not allow the Parsee community to follow their religious and customary mandates of the last rites of the Parsee, who died due to Covid-19 pandemic. As regards the religious practices of "Dokhmenashini", it has been stated that the Parsees across India since several centuries have practised "Dokhmenashini", wherein the dead body is kept at a height in a structure known as "Well/Tower of Silence" to be eaten by vultures and the remains being exposed to the Sun to be decomposed. The well is situated at a secluded place and would be accessible to "Nasheshalars", who handle the dead body and place it in the well. Most of the Parsees prefer Dokhmenashini for the final disposal of their dead bodies following their religious faith, however, on account of the Covid-19 Guidelines for the management of dead bodies, the Parsees are not allowed to perform their last rites Dokhmenashini as per their religious faith.

On Monday, Senior Advocate Fali S. Nariman, for the petitioners, told the bench, "In Parsis, there are Nasheshalars, who are professional corpse-bearers. But the Guidelines do not mention any other mode of disposal of dead bodies, other than cremation and burial. Article 21 of is not just for living people but also for post death...Now, there is a new strain of the virus. It is a live issue."

Justice Chandrachud observed, "Some part of the rituals may have to be modified, considering the aspect of the corpse-bearers' health...there is a very interesting judgment of the Bombay High Court, by Justice B. N. Srikrishna, on the importance of obsequial rites. In connection with the issue of burial in the Dawoodi Bohra community, the judgment traces the history of burial and obsequial rites and how, since times immemorial, the same have been the very essence of a faith"

The bench then issued notice on the petition.

The prayer before the High Court were as follows-