Andrew Norfolk
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The open-air burning of human corpses may be permitted across Britain after a religious charity won a significant victory in its campaign to legalise traditional Hindu funerals.
An attempt to establish the first approved site for the 4,000-year-old spiritual ceremony in northeast England was blocked last year after a local authority ruled that it would breach cremation laws.
The decision was challenged by Davender Kumar Ghai, a 68-year-old devout Hindu who is in poor health and is demanding the right, when he dies, to be cremated on an open-air pyre.
A High Court judge has now approved his bid to seek a judicial review of Newcastle City Council’s refusal to permit a funeral rite that Hindus regard as essential for the successful liberation of the soul.
Mr Justice Collins ruled that it was in the public interest to allow the application because the issue was “of some considerable importance to the Hindu community”. He also noted that rulings in 1884 and 1907 “may mean that the burning of dead bodies in the open air is not necessarily unlawful”.
Britain has 559,000 Hindus and many are expected to opt for an open-air cremation if such ceremonies are approved.
Mr Ghai, the founder and president of the Anglo-Asian Friendship Society, created headlines last July when he arranged the first human funeral pyre in Britain since the Home Office authorised the outdoor cremation of Sumshere Jung, a Nepalese princess and the wife of the Napalese ambassador, in Woking in 1934.
The body of Rajpal Mehat, a 31-year-old Indian illegal immigrant found drowned in a London canal, was burnt on a wooden pyre at a secret location in rural Northumberland.
Newcastle council had ruled that the ceremony was illegal under the Cremation Act 1902.
Police investigated the incident and passed a file to the Crown Prosecution Service (CPS). It ruled that an offence had been committed but that prosecution would not be in the public interest.
No date has yet been set for the judicial review application, which will be led by specialist human rights barristers Ramby de Mello and Tony Muman.
They argue that open-air pyres fall outside the 1902 Act, which regulates what happens inside a crematorium, defined as “any building fitted with appliances for the purpose of burning human remains”.
The burning of a human body in the open air, they say, is an offence only if it causes a public nuisance, which would be avoided because the sites would be in secluded locations.
If the High Court disagrees, then Mr Ghai’s case will be pursued on a human rights basis.
“Only if the law is made clear in favour of pyres can I incorporate a clause into my will that would complete a lifetime spiritual journey as a proud and active British Hindu,” he said.
Mr Ghai, who has a Unesco gold medal for peacekeeping and an Amnesty International Lifetime Achievement Award, said that thoughout his life he had aspired to a “meditative acceptance of mortality”.
His mind, however, has become “increasingly consumed with dread” at the prospect of a local authority cremation.
“Hindus are Britain’s third largest faith group. We have proved to be a model migrant community and we feel hurt that other groups are allowed to undertake their funeral rites while we are left out. It is time for that to change,” he said.
Burning issue
1874 Sir Henry Thompson founds the Cremation Society of England. John Everett Millais and Anthony Trollope are members
1884 William Price, 83, goes on trial for trying to burn his baby son’s body at his farm near Cardiff. The judge rules that cremation is not an offence unless it causes a public nuisance
1901 First municipal crematorium opens in Hull
1902 Act of Parliament to regulate crematoria
2005 David Wrigglesworth is convicted of collecting his mother’s pension after her death — but not of burning her body in his garden. One neighbour’s complaint did not equal “public nuisance”
Sources: Cremation Society, Anglo-Asian Friendship Society
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I hope that he wins his case. I personally would love the opportunity to be cremated in the open air rather than in one of our rather gloomy crematoria - I just prefer to be out in the open.
Ian Coole, London, UK
I'm sure that most English people would be horrified if, on a walk in the countryside, they came across a body being burned in the open. It would be completely alien to them. Children could be traumatised for life.
Pat, Reading, UK
David is mixing the evil medieval practice of burning wife on the dead husband' s pyre with open cremation of a dead person (man or woman's) body. This is not a sensible argument.
Just by allowing open area cremations ,civilization will not cease to exist. Is English civilization so weak?
Raj P, Chicago, usa
I am a Hindu but I am against the concept of open air cremations as they are highly polluting. I strongly support the concept of electric cremations as oppossed to such open air cremations. I beleive there is a point when we have to realize and accept that not everything written by our forefathers is necessarily correct.
Abhay Doshi, Mumbai , India
Any learned Hindu will be able to tell that our ancestors wrote our scriptures that after death the body should disintegrate to Mother Nature. How the body should disintegration is not in the scriptures. So an argument by a minority group of Hindus may not prevail. In my line of work as a Hindu Funeral Director in London and comments by the modern generation of British Hindus prefer the morden way of cremation in the UK and of course if any Hindu wishes have an open pyre cremation I will pack them of to the Ganges for a cremation. Zoroastrians (not Jains) who used to bury in wells no longer practice feeding their dead to the Vultures but have resorted to cremation just as the 72% of the UK population.
Chandu Tailor, London, England
Should we also then accommodate the Jain practice of laying the corpses on a high building and allowing the birds to pick them clean?
Or of immolating the living wife of the deceased Hindu?
A line has to be drawn somewhere or civilisation will cease to exist
David Chorley, Wednesbury, England
Politically correct judges are now accommodating all manner of customs wholly foreign to the British tradition of civilization, here's yet another. 'Group rights' rule OK - why not individual tastes? Still, this is not such a breach of westsern cutlural law as is halal slaughter, approved by our MPs and now a huge scale exemption to animal cruelty legislation. In fact that legislation is becoming a minority interest as state schools accept halal as the simplest option, even for non Muslims. This multi-cultural law making is causing deep contradictions and fragmentation.
T, Oxford, UK
What would happen in an area where the burning of non smoke less fuels is against the local by laws?
If the practice is carried out at designated Crematoria in a controlled dignified and private manner I personally wouldn't have a problem with it, as long as there are safeguards in place to ensure any smell/smoke/debris cannot drift over inhabited areas. As has already been stated this is a practice carried out for a long long time ..not only here on earth but also by the Jedis (another hokey old religion) in a galaxy far far away so why shouldnt it be allowed
This would also allow a whole host of other ancient burial ceremonies to take place e.g. People of Viking decent could be cremated aboard burning Long boats as they drifted out to sea.
Andrew, Chester,
dear english countrymen,s this much better then other kind of cremations this is 7500 year old eco-friendly process and it does not require wastage of land and also maintains dignity of dead body where in most parts of the world due to lack of space after burrying the body again dig up for another and i can lay bat on it it is not pollutant one day the glory of indian culture will revive .......
akhil , new delhi, india
Gas powered crematoria require the "scrubbers" I assume due to there using fossil fuels (gas) to burn the body inside. A big pile of wood and a body can be said to be pretty much carbon neutral.
I'm not a Hindu myself but the idea appeals when my time comes. Let's not confuse green issues with freedom of choice and use it to take a pop at anothers beliefs.
Tim, Ely,
Once again, Joe from Manchester has proved that bigotry is alive and well!
nadine, Manchester,
This is a civilised country. If these Hindus want to practice their heathen ceremonies of burning corpses on open pyres then they should return to their origins and do it in India or wherever they originally came here from. In this day and age, in this country, there is no way that this minority religion should get its way, it would take us back to the dark ages if they were allowed to do so. It seems that there are still minorities who have chosen to live here who still refuse to integrate with the indiginous population. We have rules on how to dispose of dead bodies and Hindus must adhere to them. Already the Hindus are not treated the same as the rest of us when they die, the indiginous mainly christian population have to undergo post mortem examinations upon death which is terribly upsetting to surviving relatives, yet the Hindus are rarely subjected to this mainly because their religion says they should be disposed of within something like 24 hours.
michael pickles, bournemouth, uk
Joe: I can see your petty/ignorant nature coming out. The first point you make is just hearsay...let's wait and see. Secondly, I believe this country was founded on the Christian faith and therefore not secular, as such. I think tolerance is needed. Christians not beling allowed to bury their dead in another country would cause anger and therefore the same respect should be there for any other religion. Just because you may not be religious, you still want your 'non-religious' views to overide others - hyprocisy. Also, don't tar the actions of a few on a whole community, that is pure ignorance.
SP, London,
Moslems started this - getting demanding, irate, and in their case violent, in relation to their superstitious nonsense.
I'm not sure I'm too bothered at the idea of it in itself, except for these points:
1) it will be open to abuse - who defines 'secluded', especially when the UK is so densely populated....what happens if someone in a big city can only find a "secluded" place that is 1 mile away from a housing estate, they are upset, grieving, etc etc - a nightmare situation to deal with
2) the important point concerns not the actual practice, but the politics of religion in relation to our secular country. Hindus are actually OK, integrated and peaceable (unlike the Islamic world), but I'm just fed up with religions making this kind of demand/request.
Joe, Manchester,
What is the point on putting scrubbers on crematoria to meet EU Regulations if you don't even need a crematorium chimney ?
Are we being made to invest in environmental fittings as a sick joke, or is there really a necessity for pollution control systems on crematoria ?
Voyager, Leeds, UK
What is happening to England or should I say the legal trash that make these ridiculous judgments, I think the country is just about finished. Also lets not forget
the amount of carbon being produced how will Blair handle this?
Barry Holmes, Christchurch, New Zealand