Court of Appeal backs Hindu request for cremation on funeral pyres

The Court of Appeal this week paved the way for Hindu and Sikh mourners in Britain to cremate their dead on funeral pyres.

Davender Ghai, who wishes to be cremated in accordance with his religious beliefs as a Hindu, had written in January 2006 to the leader of Newcastle City Council asking for out-of-town-land that could be dedicated for holding traditional open air funeral pyres.

After obtaining counsel’s opinion, the council refused to accede to the request, citing regulation 3 of the Cremation Regulations 1930. Mr Ghai then issued proceedings for judicial review.

The High Court hearing proceeded on the assumption that the cremation Mr Ghai wanted would be in open air, i.e. not within any structure. The judge accepted Mr Ghai’s contention that article 9 of the European Convention on Human Rights was engaged (the right to manifest his religion or belief), but argued that the interference was justified.

In his submission to the Court of Appeal, however, Mr Ghai said his religious belief would be satisfied if the cremation process took place within a structure, provided that the cremation was by traditional fire, rather than by using electricity, and sunlight could shine directly on his body while it was being cremated.

The High Court ruling was overturned by the Court of Appeal. The Master of the Rolls, Lord Justice Neuberger, said that Mr Ghai’s wishes could be accommodated within the Cremation Act 1902 and the 1930 Regulations. What was required was for the ceremony to take place in a building – in Mr Ghai’s case this could be achieved by having a structure such as a roof on pillars.