London, Feb. 10: A devout British Hindu on Wednesday morning won his four-year battle for permission to be cremated on a traditional "open air" funeral pyre. Davender Kumar Ghai, 71, who heads the Anglo Asian Friendship Society, had moved the court of appeal in January this year for permission for a traditional funeral pyre cremation on his death after losing the case in the high
court in May 2009.
Mr Ghai, who moved from Kenya to Britain in 1958, has been fighting his battle in British courts since February 2006 when he was refused permission by the Newcastle City Council to be cremated according to Hindu tradition.
The case was not decided in favour of Mr Ghai under the religious freedom law, but the court of appeal’s judgment hinged on the definition of the term "building" under the Cremation Act of 1902. The judgment upheld Mr Ghai’s contention that a building could be a structure without a roof or without walls and ruled that buildings of open-air design can fall within the definition of crematoria under the terms of the Cremation Act of 1902. In Britain, the burning of bodies is restricted to designated buildings called crematoriums. Open-air cremations are not allowed anywhere in the country.
Lord Neuberger, the Master of the Rolls, who headed the panel of three judges who heard the appeal, said while delivering the judgment on Wednesday: "Contrary to what everyone seems to have assumed below, and I am not saying it is anyone’s fault, 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."
A smiling and relaxed Mr Ghai, who was surrounded by his family and Hindu and Sikh activists outside the Royal Courts of Justice in London, said: "I am very happy. I am feeling 20 years younger. If I go tomorrow I will have no regrets now. Now I can go in peace."
Mr Ghai, who suffered a minor stroke before the court of appeal hearing, said he did not want to challenge the law. "I have always maintained that I wanted to clarify the law, not disobey or disrespect it."
Mr Ghai said the four-year battle had taken its toll on his health and finances. "I never doubted justice would be done but, in all honesty, I often feared that my health would fail me before the legal journey had ended," he said, adding that he had spent his last penny on fighting the case.
The justice ministry, which had objected to Mr Ghai’s demand for funeral pyre cremations, has not responded to the judgment as yet.
However, Newcastle City Council, which had denied Mr Ghai permission in 2006, said despite the judgment there were a lot of issues which needed to be worked out before Mr Ghai’s demand could be allowed.
The open-air crematorium will face difficulties with the planning and public health legislation, the judgment on Wednesday acknowledged. "The method of burning associated with funeral pyres is not covered by any regulations which currently only apply to cremators powered by gas or electricity which are designed to maintain environmental standards, in particular air quality," Newcastle City Council said after the judgment.
Mr Ghai’s battle has just started. The home office and environment ministry will need to issue regulations to "ensure environmental standards and public health are protected". Mr Ghai, whose father and grandfather served in the British Army in Kenya, said he is now aiming to get construction of a natural cremation site started. He is appealing to sympathisers for funds. "I can only pray that others will feel moved to come forward with their support and so enable the construction of a natural cremation site within my lifetime," he said.
Sarju Kaul