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Fianlly, Davender Ghai wins
right to funeral pyre out in the open
WSN Network
LONDON: An
elderly Hindu man has won the right to be cremated on a traditional
funeral pyre in Britain after a ruling by the Court of Appeal in
London.
Davender Ghai,
who moved to Britain from Kenya in 1958 and is the founder of the
Anglo-Asian Friendship Society, was refused a permit for an open-air
cremation site in Northumberland, north-east England, in 2006.
The 71-year-old
lost a challenge to the decision at the High Court in London last
May, but the Appeal Court said Mr Ghai's wishes could be
accommodated within existing legislation.
Mr Ghai welcomed
the ruling, although he said his court battle had drained him
"physically, mentally and financially".
"Now if I go
tomorrow I will go peacefully, because I know that I will have a
good send-off," he said outside the court.
"Everyone should
live and die according to their own religion."
Britain's
Cremation Act of 1902, which covers the disposal by burning of dead
bodies in crematoria, does not cover funeral pyres.
But Mr Ghai's
lawyers argued that denying him the right to an open-air pyre
conflicts with human rights legislation which protects, among other
rights, the right to freedom of religious belief.
Judge David
Neuberger asked Mr Ghai's lawyer what his client wanted and was told
the funeral pyre should be made of wood and be open to the sky - but
it could be surrounded by walls and the pyre covered with a roof
with an opening.
"It seems to us
that Mr Ghai's religious and personal beliefs as to how his remains
should be cremated once he dies can be accommodated within current
cremation legislation," said Judge Neuberger, who led a three-judge
panel.
After the
cremation, Mr Ghai wants his ashes to be immersed in the River
Ganges.
Earlier, Justice
secretary Jack Straw, contending the legislation prohibited an open
pyre funeral, had said it was not incompatible with Ghai's human
rights. Straw's remarks had prompted an angry response from the
Hindu Forum of Britain: "To suggest a practice which has been
carried out for thousands of years and still is by 800 million
Hindus in
India
is somehow `abhorrent' is insensitive." Ghai became even more
optimistic after that because the justice secretary's comments
angered many people. "He should not have said those things about our
tradition and culture. We gained a lot of support after that."
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He had cremated
in open air
LONDON: Devender
Ghai had carried out a Sikh man's open air cremation, the first in
Britain in 72 years, some time back, though the Sikh Federation of
the UK had termed the ritual as "unnecessary".
In fact, the
federation had demanded legal action against the Anglo-Asian
Friendship Society (AAFS) which had conducted the funeral of Rajpal
Mehat.
"As far as Sikhs
in the UK are concerned, cremation in gas furnaces with the
necessary Sikh religious service is something that is suitable. The
AAFS is not representative of the Sikh community," the Sikh
Federation had said. The cremated man, a 31-year-old Sikh, was an
illegal immigrant and had drowned in a Southall canal in December
2005. After attempts to fly his body to India failed, AAFS president
Davender Kumar Ghai organised the open air ritual at an undisclosed
venue, according to the wishes of the family who flew in from India.
The 1930 British
cremation act prohibited the cremation of human remains anywhere
except in a crematorium. The 2,000-member AAFS fought for a change
in this law to allow open air cremations, which they claim will cost
500 pounds compared with 3,000 pounds in gas crematoriums.
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THE WSN VIEW
The World Sikh
News holds no brief for Davender Kumar Ghai as far as his fight
for open air cremation in Britain is concerned. We hold that all
people have the right to profess and advocate their religious
beliefs, just as we hold that inculcating scientific temperament
and practising religious beliefs should not be in conflict.
But we do want
to underline that a much bigger fight remains to be fought as
far as cremation practices in India are concerned. It is an open
secret that cremations in India happen along caste lines, and
most villages have separate cremation grounds for lower and
higher castes.
Most
unfortunately, even in Punjab, where the Sikh Gurus ensured that
the high crime of untouchability is not allowed to raise its
ugly head, the villages have multiple cremation grounds. While
some in the Diaspora are spending money and energy on winning
the right to have an open air cremation, it is time we win for
the marginalised the right to respect in death, the right to
equality after they breathe their last.
It is
unfortunate that not once has the Shiromani Gurdwara Prabandhak
Committee (SGPC) or the Akal Takht have issued a clear cut
warning to the Sikh community that it should work to immediately
end the dual cremation grounds system in the villages. Many Jat
Sikhs are guilty of following the heirarchical caste based
system, and a large number of Sikhs pay special attention to
caste boundaries when looking for a match for their offspring.
Recently, a
Dalit woman Gurdial Kaur, 75, in Bholuwala
village
of Ferozepur suffered ignominiy after she died when the dominant
Jat Sikhs of the village did not let Dalit families cremate her
body at the common cremation ground and threw out the pyre
wood. Shamefully, the district administration sent the local
executive magistrate and SHO to the spot to diffuse the tension
and all they could manage was to persuade the Dalits to cremate
the body at a vacant land in the village.
Still more
shamefully, some Jat families had filed a case some time back to
prevent Dalits from using the common cremation ground of the
village. It speaks volumes about judicial sensitivity that
instead of sending clear signals that caste discrimination will
not be tolerated, the Dalits were given a separate piece of one
kanal land for use as cremation ground. The fact that many
villages have two separate gurdwaras for different caste groups
only further underlines the problem.
Clinging on to
the discriminatory divisions like Jat, Ramgharia, Khatri or
Dalit Sikh is contrary to Guru's teaching and reflects ignorance
on part of some Sikhs. There is clearly a pressing need for
strong educational campaign among Sikhs to rid the community of
any lingering effects of the caste system.
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17
February 2010
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