Parsi body moves Gujarat HC for permission of traditional burial of Covid victims

A Parsi body in Surat has filed a petition in the Gujarat High Court seeking permission to perform last rites of community members who lost their lives due to Covid-19, in accordance with their religious practice of "Dokhmenashini", a practice where dead are kept at the tower of silence or dakhma, exposed to scavenger birds and the sun.

The single bench of justice Nirzar Desai issued notices to the state and central government to respond by next Thursday. The petitioners — the Surat Parsi Panchayat Board, Surat and Dr Homi D Doodhwala, have moved the court through lawyer Manan Bhatt. The petition states that in Surat, 20 members of the community succumbed to Covid-19 but none of them was "permitted to follow their religious dictates so far as last rites are concerned".

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"The Surat Parsi Panchayat has filed a petition praying that they may be allowed to perform Dokhmenashini religious practice of putting the dead body of Parsi Covid-19 patient in the tower of silence and they cannot be forced to opt for burial or cremation. There is no law or notification prohibiting Dokhmenashini. Moreover, there is no scientific proof available that a dead body can transmit Covid-19. On the contrary, research shows that it is transmitted through living beings only. The court has issued notice in the matter making returnable next Thursday," said advocate Asim Pandya who argued the matter in the court.

The petition reveals that a Parsi man, who lost his father due to Covid-19 and was denied last rites as per his religious practice, forged a high court order to get the permission. Following this, the Parsi Panchayat filed a police complaint against the person and also informed the court. The petitioners have stated that the man forged the order "to see that no such sentiments were hurt of other members of the community".

It says that 'Dokhmenashini' is an integral part of the religious practices of the Parsi community. Authorities "in the pretext of guidelines are not allowing the community to perform last rites as per their religion", the petition said. It said that no guideline prohibits such customary practices but "it is the interpretation of the local authorities that is causing problems and results in violation of fundamental rights of the Parsi community".

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The other reason, the petition argues, is that the community has not been given any alternative for performing the last rites as per the Covid-19 protocol. It says, "No burial ground has been allocated to the Parsi community.... the other communities such as Muslims and Christians do not allow others to bury in their burial ground. Over and above the practice of burial is not in accordance with the Parsi religious tenets."

Arguing that it doesn't want to put anyone's life at risk, the petition claims, "there is no evidence of coronavirus being spread through the dead body. Therefore, there is no reason to deny the decent funeral to petitioners' members."