New Delhi: The Supreme Court seeks attorney General Tushar Mehta on Monday to find a peaceful solution in resolving the complaints of the Parsi community, which cannot conduct a traditional burial of its members who died of Covid-19.
Judge Dy Chandrachud and when Bopanna asked Mehta to use his office and had fun with the office of the Director General of Health Services to tweak the existing guidelines for Covid victims’ burial.
Senior Advocate Fali S Nariman, appears for the Parsi Panchayat Letter Board, said the Parsi community is the only community in a country that has professional pallbearers.
He said the existing guidelines did not allow burial as did in the Parsi community.
The advice that appeared for the Gujarat government said they followed the guidelines issued by the center in this matter.
Nariman said the center, in a written statement in the Gujarat High Court, said it would submit to the court order.
The bench then asked the lawyer General, who was on the screen for another problem, to intervene in this problem.
Mehta said he would see it because it was not a matter of hostility and would talk to the authorities concerned.
The bench then posted this problem to hear further on January 17.
On December 6, the Top Court has searched for a response from the center and the Government of Gujarat in a request that seeks traditional burial for members of the Parsi community who died of Covid-19.
The appeal submitted by the Parsi Panchayat letter has challenged the 23rd of July 23, the Gujarat High Court, rejected his request.
Nariman, appearing for the board, has proposed that this problem is relevant because the new variant of the virus has emerged.
There was a corpse of a corpse bearer among Parsis, he said, adding that when someone died, family members did not touch the body and only the corpse carrier could do it.
He said general guidelines had been issued to cremate and burial victims of Covid, but there was no meaning about the Parsi community.
The top yesterday said this problem requires consideration and highlights that there is an assessment in this matter, which has dealt with important burial rights in some religions.
On July 23 last year, the Gujarat High Court has a request submitted by the Panchayat Parsi Agency who is looking for permission to perform the last ritual members of the community, who died of Covid-19, according to the Zoroaster tradition, instead of cremation.
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The High Court has thrown petitions, saying it has no achievements and citing comments on the main field in connection with Kanwar Yatra at Uttar Pradesh.
In his request, the Parsi Panchayat Board was trying to protect the fundamental rights to carry out the last rite of community members, who died of Covid, in accordance with the tradition of Dokhamashini and not cremation, as directed by the authorities at the view of Pandemi.
In Dokhamashini’s tradition, the body is stored at a height of the structure called a well or the silence tower, to be eaten by the Nasar, and the remnants are left unraveled in the sun, stated.
Considering the Covid-19 situation that applies, the guidelines issued by the Ministry of Health and the welfare of the family regarding the disposal of corpses with cremation or burial are in a larger public interest and cannot be said to be a violation of the basic rights of Parsis, the High Court said.
Observing that the petition is without benefit, it has rejected the application.
The petition before the High Court has stated that the Parsi community was forced by the authorities to choose cremation or burial of death members, “such as fighting religious practices and their sentiments”.
“Because the guidelines do not recognize other methods to remove the dead body of Covid-19 patients who have died, the authorities did not allow the Parsi community to take part in their religious and custom mandates for the last ceremony,” he said.
There is no guideline that prohibits religious custom practices and it is the interpretation of local authorities that cause problems, resulting in violations of the basic rights of Parsis, the application has stated