Search: Hindu Funeral pyre
A Hindu spiritual healer has won the right to be cremated on a traditional funeral pyre after the Court of Appeal ruled that his last wishes can be carried out within existing legislation.
Davender Ghai, 71, who believes that a pyre is essential to "a good death" and the release of his spirit into the afterlife, was refused permission to be cremated according to his Hindu beliefs by Newcastle City Council and lost a challenge to that decision at the High Court in London in May last year.
But the Master of the Rolls, Lord Neuberger, who headed a panel of three appeal judges, said before delivering the court's ruling: "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."
Mr Ghai commented after the ruling: "I am very happy. I have always said that I came here to clarity the law.
"All the time I had complete faith that justice would be done. Now I can go in peace."
A spokesman for Newcastle City Council said: "Following a decision by the city council to refuse permission for traditional open-air funeral pyres, Mr Davender Ghai took the matter to the Court of Appeal.
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"On appeal, however, Mr Ghai agreed his religious beliefs could be satisfied if the cremation process took place within a building, and produced examples of proposed buildings. The Court of Appeal's judgment, which is of national importance, advised that buildings of open-air design can fall within the definition of crematoria under the terms of the Cremation Act 1902.
"However, the judgment goes on to state that the difficulties which may be thrown up by planning and public health legislation, should an application be submitted, have not been considered as part of this judgment.
"Furthermore, 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.
"Following the judgment, all local authorities will await further guidance from the Home Office and Defra as regards any proposed regulations or legislation which may control the proposed manner of cremation to ensure environmental standards and public health are protected."
