Modification Of COVID Protocols For Parsi Funeral : Supreme Court Calls For Discussion Between SG, FS Nariman & Ministry Officials

For balancing religious sentiments with health concerns in the manner of last rites of Parsi Zoroastrians who have died in the COVID-19 pandemic, the Supreme Court on Monday requested SG Tushar Mehta and Senior Advocate Fali S. Nariman to confer with Union Health Ministry officials.The bench of Justices D. Y. Chandrachud and Surya Kant was hearing a plea by the Surat Parsi Panchayat Board for a direction to permit it and its members to perform Dokhmenashini/last rites in Dokhmas of its members having died due to Covid 19, in accordance with their religious practices. The SLP was against the July 2021 judgment of the Gujarat High Court dismissing the petitioners' prayer for declaring the impugned 2020 Covid-19 Guidelines on Dead Body Management, issued by the Union Ministry of Health and Family Welfare, as ultra vires Articles 14, 19, 21, 25, 26, and 29 of the Constitution. "The impugned Guidelines issued by the Ministry of Health and Family Welfare considering the prevailing situation of Covid-19, in the larger public interest for the disposal of dead bodies by cremation or burial, could not be said to be violative of any fundamental rights of the Parsees, more particularly when such means of disposal of dead bodies is also in vogue in all parts of the country and when it is not anathematic and sacrilegious to the religious practices being followed by the Parsees", the High Court had held.At the previous hearing, the Court had directed- "Senior Advocate Fali S. Nariman, for the petitioner, has submitted a written note indicating the manner in which obsequial rites of Parsi Zoroastrians who have died as a consequence of the COVID-19 pandemic would be carried out. He submits that the proposed guidelines will sufficiently meet the concerns of the Union Government. But, at present, the guidelines which have been issued by the union government in the Ministry of Health and Family Welfare do not take into account the concerns of the community. We have requested Mr. Tushar Mehta, Solicitor General of India, to render assistance by evaluating the proposed guidelines. Ms. Deepanwita Priyanka appears for the State of Gujarat. On the request of the SG, list on January 17"On Monday, at the outset, the SG submitted, "I have filed an affidavit pointing out that it may not be scientifically possible"Mr. Nariman advanced, "They must kindly consider that we are not on a confrontational submission. We are strictly on the dignity of the dead in the disposal of bodies along with the guidelines of the Union Government. If they could just go through the protocol that we have mentioned. All the safeguards they want are provided for""We are not taking it in an adversarial manner. We are only on what is the problem. My affidavit is also only about it", replied the SG.At this, Justice Chandrachud put to the SG, "The petitioners have suggested a protocol. You can see now if you want to add something to the protocol or you can introduce additional safeguards to the protocol which will take into account the concerns. Of course, the Union of India has valid concerns on account of public health and public well-being. If you can look at the protocol and make track changes to the protocol and share it with Mr Nariman's instructing advocate? Convene a meeting of the concerned officials of the Ministry of Health and Family welfare. See to what extent the protocol can be (unclear). Their broad theme is allowing religious observances to be completed. Your concern is not so much religious observances but health, so you can introduce some safeguards so that the central concerns of the Union of India are also accepted and their religious observances and the essential tenets of the Zoroastrian belief are also taken care of""I am not pointing out what the problems are right now because that preempts my discussion. I will speak with the concerned officers", assured the SG.Justice Chandrachud continued, "One thing which perhaps can be done is if an informal, completely without prejudice, meeting could be held. In today's times, it would be in the video conferencing platform. If the SG could meet and Mr. Nariman could also meet. Let there be an exchange of ideas. Some way forward can be found. It is not adversarial."Mr. Nariman said, "I will phone the SG and seek proper time and date from him."The SG said, "It would be done at the convenience of Mr. Nariman- His time and date, and we have to adjust"Justice Chandrachud noted, "The first meeting could be more of an icebreaker to see what are the essential concerns of the community. And then with a little bit of give-and-take, we can resolve the issue in a very amicable manner"Justice Chandrachud urged, "Then you can offer a tweaked protocol with track changes."The SG said, "I am not adversarial at all. The tenor of the affidavit is also not adversarial. We have only pointed out the problem."At the hearing on December 6, 2021, Senior Advocate Fali S. Nariman, for the petitioners, had told the Supreme...

Modification Of COVID Protocols For Parsi Funeral : Supreme Court Calls For Discussion Between SG, FS Nariman & Ministry Officials

Mehal Jain

The Court suggested the parties have an amicable resolution.

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