New Delhi The Supreme Court today allowed the Parsi Community to perform Dokhmenashini i.e. disposal of the dead bodies according to the Parsi Religious Customs at the Dokhmas (Towers of Silence) for its members who have succumbed to COVID-19.
A Bench comprising of Justice D Y Chandrachud and Justice Surya Kant directed the Parsi community to follow the agreed “Protocol & Standard Operating Procedure For Handling Dead Bodies Of Parsi Zoroastrian Covid Victims” and then they are allowed disposal of the dead bodies of Covid-19 victims in conformity with the tenets of Zoroastrianism, whilst at the same time directed them to maintain the interest of health & safety of the population.
The Supreme court orders came while hearing a petition filed by The Surat Parsi Panchayat Board against the judgement passed by the Gujarat High Court on July 23, 2021, which had dismissed their plea for the cremation of the people of their community who had succumbed to COVID 19 by their traditional ways and had also asked the High Court to set aside the Covid 19 guideline for the Dead Body Management issued by the Central Government on March 15, 2020.
The Surat Parsi Panchayat Board sought the traditional cremation for its members who succumbed to COVID-19 and to set aside the “Covid 19: Guidelines For Dead Body Management issued by the Central Government on March 15, 2020.
Representing The Surat Parsi Panchayat Board, Senior Advocate Fali S. Nariman pleaded that due to Guidelines passed by the Central Government on March 15, 2020, the members of the Parsi Community were wrongfully being deprived to perform the last rites in accordance with Dokhmenashini, and the bodies of the Parsi covid victims were compulsorily cremated contrary to the tenets of Zoroastrianism.
The Gujarat High Court in its judgement had postulated that the said Guidelines were issued in the larger public interest for the disposal of dead bodies by cremation or burial and could not be said to be violative of any fundamental rights of the Parsi Zoroastrians.
Because the Covid-19 infection rate had dropped significantly at the time of hearing the Writ Petition, The Supreme Court, on December 06, 2021, had issued notice to the Centre and the Gujarat Government observing that the issue was indeed a live one and needed intervention.
During the hearings the Supreme Court called upon the Solicitor General, Tushar Mehta for his assistance in the matter and if the said Guidelines can be altered in a manner that takes into account the interest of health & safety as well as the religious sentiments.
Thereafter, the Petitioners prepared the “Proposed Protocol Standard Operating Procedure For Handling Dead Bodies of Parsi Zoroastrian Covid Victims” which was drafted in consultation with the High Priests and religious heads of the Parsi community keeping in mind the restrictions and regulations imposed by the Government pertaining to those who have died owing to a Covid-19 infection. After the said proposal was exchanged a meeting was held between the parties, wherein the parties had arrived at a consensus.
The Petitioners submitted the draft of the final standard operating Procedures made by them before the Supreme Court and assured that the guidelines for Handling Dead Bodies of Parsi Zoroastrian Covid Victims will be followed strictly as per their undertaking so as to maintain the interest of health & safety of the population.
The Central government and Parsi central body have agreed on the standard operating procedures for the funeral rites for Parsis which say that iron rods and grills would be placed above towers of silence across India so that no bird can carry Covid-19 strains from the deceased and bodies are disposed of only by exposure to the rays of the sun.
The Supreme Court exercising its powers under Article 136 and 32 of the Constitution of India set aside the judgement of the Gujarat High Court and disposed of the Special Leave Petition in terms of the agreed “Protocol & Standard Operating Procedure For Handling Dead Bodies Of Parsi Zoroastrian Covid Victims” thereby allowing the disposal of the dead bodies of Covid-19 Parsi victims in conformity with the tenets of Zoroastrianism whilst at the same time maintaining the interest of health & safety of the population.
The Surat Parsi Panchayat Board was represented by senior Advocate Fali S. Nariman, briefed by Advocate Debmalya Banerjee – Partner, and Advocate Rohan Sharma FCIArb, Advocate Nicholas Choudhury and Advocates Anmol Pandey, from Law firm M/s Karanjawala & Co. along with advocates Zerick Dastur, Ms. Smriti Singh and Ms. Palak Agarwal.
The Union of India was represented by Solicitor General of India Tushar Mehta, along with Advocate G.S. Makkar. Advocate Ms. Deepanwita Priyanka appeared for the State of Gujarat and District Collector, Surat. Advocate Tejas Patel, appeared for Municipal Commissioner, Surat./LAB/SNG/