"Public Interest Over Religion": Gujarat High Court Dismisses Plea To Allow Parsis To Perform Last Rites As Per Customary Practice

Observing that the guidelines issued by Ministry of Health and Family Welfare for dead body management are not violative of fundamental rights of the Parsis, the Gujarat High Court has dismissed a petition seeking directions to allow the Parsi Community to perform last rites of their members as per their customary practice i.e. "Dokhmenashini".

Placing reliance on the recent Supreme Court order in the suo moto case for holding Kanwar Yatra amid pandemic, a division bench comprising of Justice Bela M. Trivedi and Justice Bhargav D. Karia observed thus:

"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."

Furthermore, observing that the safety and welfare of the State is the supreme law, the Court said:

"Even the fundamental rights to profess, practice or propagate religion, and the right to manage religious affairs, as enshrined under Articles 25 and 26 of the Constitution of India, are subject to public order, morality and health."

The Court was dealing with a petition filed by Surat Parsi Panchayat Board through its Trustee seeking permission toa specific direction to declare that the impugned Guidelines do not prohibit the Parsis to perform the last rites of any of its member who died due to Covid 19 in accordance with their religion.

It was the case of the petitioners that the said guidelines, stating only two modes i.e. Burial and Cremation, were completely silent on the other mode of funeral/disposal of dead bodies, thereby "impliedly ignoring other religious practices of other communities".

Therefore, it was argued that the authorities do not allow the Parsi community to follow their religious and customary mandates of the last rites of those who died due to Covid-19 pandemic.

Hearing the submissions, the Court observed thus:

"Such guidelines issued in the larger public interest considering extraordinary circumstances prevailing in the country, would take precedence over the individual interest as also over the religious faith and belief of a particular class of community."

Placing reliance on the suo moto Kanwar Yatra order of the Supreme Court wherein it was observed that "The health of the citizenry of India and their right to "life" are paramount. All other sentiments, albeit religious, are subservient to this most basic fundamental right", the Court was of the view the impugned guidelines cannot be said to be violative of the fundamental rights of Parsis.

Accordingly, the petition was disposed of.

Title: THE SURAT PARSI PANCHAYAT BOARD v. UNION OF INDIA

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