Estate Planning

U.K. Man Loses Bid for Open Field Funeral Pyre

By Hull & Hull LLP

A recent case from Britain focuses the spotlight on the traditional Hindu cremation practice.
 

A 70 year old Hindu spiritual leader, Davender Ghai, sought the legal right to an open air funeral pyre. In 2006, Newcastle City Council has refused Mr. Ghai's request for a permit for an open air cremation site in a remote part of Northumberland. Citing the Cremation Act, 1902, Council noted that the burning of human remains other than a crematorium is a criminal offence. The Ministry of Justice agreed with the Council's decision.
 

Mr. Ghai appealed the Council's decision to the High Court. Mr. Ghai, who immigrated to Britain from Kenya in 1958, stated this he required an open air funeral pyre to release his spirit after death. Invoking Articles 8 and 9 of the  European Convention on Human Rights Act, Mr. Ghai argued that his religious freedom and freedom to family life were being infringed. Mr. Ghai requested to be able to follow the 4,000 year old tradition at the time of his death and noted that such permits would have to be regulated and pyres sites held away from urban and residential areas.
 

Mr. Justice Cranston upheld the Council's decision. He agreed with the Ministry of Justice that open cremation is prohibited by law and that the prohibition was justified on the grounds of public health and public safety. The issue is not over yet, Justice Cranston did give Mr. Ghai permission to appeal his ruling to the Court of Appeal. Mr. Ghai has stated his intention to do so.  
 

As the population ages in multicultural societies, we can expect to revisit similar issues frequently

Enjoy your day,
 

Diane Vieira

 

Full post as published by Toronto Estate Law Blog on May 11, 2009 (boomark / email).