Bombay HC Allows Members Of Parsi Community To Offer Prayers For Their Departed Ones At The Doongerwadi Tower Of Silence [Read Order]

The Bombay High Court on Wednesday allowed Bombay Parsi Panchayat's plea seeking directions to allow members of the Parsi community to offer prayers for their dear departed ones at the Doongerwadi Tower Of Silence in South Mumbai's Malabar Hill area, on September 3 between 7 am and 4:30 pm after an undertaking by the petitioners that all social distancing norms and guidelines issued by the State and Centre will be followed.

Division bench of Justice RD Dhanuka and Justice Madhav Jamdar were hearing a writ petition filed by Viraf Mehta, a Trustee on behalf of the Bombay Parsi Panchayat (BPP) via video conferencing. On Monday, the Court had asked the State to consider the BPP's representation and the State rejected the said representation today.

Petitioner's counsel Advocate Prakash Shah referred to the Supreme Court;s order allowing opening of three Jain temples in Mumbai during the Paryushan period and submitted similarly that the Parsi community in Mumbai should also be allowed to hold annual prayers for the dead on September 3.

Although BPP's petition had initially sought directions for opening of Fire Temples and other places of worship for the Parsi Community but Adv Shah clarified that his client presses reliefs only with respect to Doongerwadi and that also only for offering prayers on September 3.

Thereafter, an additional affidavit was submitted on behalf of the petitioner along with various undertakings. These undertakings were accepted across the bar.

The affidavit states that the Parsis who died due to Covid-19 are not allowed to be brought to Doongerwadi but are cremated at the Worli prayer hall. The property Doongerwadi is spread across over 55 acres and is completely isolated and gated as well. Except the members of Parsi community no one else is allowed to enter upon the Doongerwadi, the additional affidavit states.

Following undertakings were submitted before the Court-

(i) Not more than 6 persons from the community and two Priests at a time in each of 5 pavilions admeasuring about from 600-800 square feet would be permitted for the purpose of Farvardin between 7 am and 4:30 pm.

(ii) On September 3, 2020 there would be no religious function and there would be no large congregations like Ganeshostav or Navratri. Only the restricted members of Parsi community will come to Doongerwadi to pray for their close departed soul, such ceremony would last around 30 minutes by each of the group permitted in those 5 pavilions admeasuring 600-800 square feet. Two of the Priests of the Parsi community would also attend the prayers alongwith maximum 6 members of the Parsi community in each of 5 pavilions at the time of offering prayers during the slot of 30 minutes and not more than that.

(iii) Before allowing any person to enter the pavilion, his temperature will be recorded using a contactless temperature gun to ensure maximum safety and proper liquid/gel based sanitizers will also be sprayed/applied on the hand of each worshiper entering the premises.

(iv) There is only one entrance for entering Doongerwadi and there would be no congregations either at the time of entering the Doongerwadi area or at the time of exit.

(v) Prayers would be not more than 30 minutes for each of the groups of 6 persons with 2 Priests per pavilion.

(vi) Proper sanitization of each of the pavilions would be done and will admit the next batch after a gap of 15-20 minutes after sanitization.

(vii) The Petitioner undertook not only to adhere to the social distancing norms but strictly follow the guidelines of Central and State Government. No person will be allowed without a face mask. The members will also offer hand gloves to those who desire to use them. All worshipers will have to follow all the social distancing norms prescribed in SOP dated June 4, 2020 as well as guidelines dated August 31, 2020 framed by the Central Government and State Government respectively.

(viii) Petitioner undertook that there will be not more than 200 persons throughout the day in batches to offer the prayers.

The bench made it clear that the trust shall not allow any person below the age of 10 years and above 65 years of age at the time of prayers or even at entry level.

Finally, the bench noted-

"We accept the statement made by Mr. Prakash Shah, learned counsel for the Petitioner and also by Mr. Viraf D. Mehta that the worshipers who seek to remain present for the purpose of offering prayers would be allotted slots by an appointment previously fixed. Mr. Mehta informed this Court that the process of giving appointment would start today itself through social media. Statement is accepted. It is made clear that only those persons who would be given appointment by the Trust would be allowed to offer prayers at Doongerwadi.

It is made clear that after prayers offered by the members of the Parsi community who are given such appointment, the entire premises would be sanitized by the Petitioner at its own cost. None of the worshipers who are permitted to offer prayers by this order would remain in the premises of Doongerwadi after such prayers are completed."

Petitioners also assured the Court that they will co-operate with the traffic department in avoiding the traffic problem to other members of public during the period between 6:30 am to 5 pm. Thus, Court directed the State Government to make the proper arrangement to avoid any traffic problem during this period by providing a suitable number of traffic constables.

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