Ahmedabad, Jul 23 (PTI) The Gujarat High Court on Friday dismissed a plea filed by a Parsi Panchayat body that sought permission to perform the last rites of community members who died of COVID-19, as per the Zoroastrian tradition instead of cremating them.

The division bench of Justices Bela Trivedi and Bhargav D Karia disposed of the petition, saying it lacked merit and cited the recent remarks made by the Supreme Court with regard to Kanwar Yatra in Uttar Pradesh.

In its plea, filed in May, the Surat Parsi Panchayat Board had sought to protect the fundamental right to perform the last rites of community members who died of COVID-19, as per the tradition of Dokhamanshini, and not cremation, as directed by the authorities in view of the pandemic.

In the Dokhamanshini tradition, the body is kept at a height in a structure referred to as a well or tower of silence, to be eaten by vultures, and the remains are left to decompose under the sun, it was stated.

"Safety and welfare of the state is the supreme law. In the Kanwar Yatra issue, even the Supreme Court had observed that the health of citizens and their right to life are paramount and all other sentiments are subservient to this fundamental right," Justice Trivedi said.

Considering the prevailing COVID-19 situation, the guidelines issued by the Ministry of Health and Family Welfare regarding the disposal of dead bodies by cremation or burial are in the larger public interest and cannot be said to be violative of fundamental rights of the Parsis, the bench said.

The court cited that the petition was devoid of merits and rejected the plea.

The petition had stated that the Parsi community had been compelled by the authorities to opt for cremation or burial of the deceased members “as against their religious practice and sentiments”.

“Since the guidelines do not recognise other methods of disposing bodies of deceased COVID-19 patients, authorities do not allow the Parsi community to follow their religious and customary mandate for last rites,” it had stated.

No guideline prohibits such religious customary practices, and it is the interpretation of the local authorities that is causing problems, resulting in violation of the fundamental rights of Parsis, the plea had stated.

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