Supreme Court permits Parsi funeral rites during COVID-19: Surat Parsi Panchayat Board vs. Union of India (2022)

Date of the Judgment: 4 February 2022

Citation: (2022) INSC 86

Judges: Dr Dhananjaya Y Chandrachud, J. and Surya Kant, J.

Can religious practices be accommodated during a public health crisis? The Supreme Court of India addressed this critical question in a case concerning the Parsi Zoroastrian community’s funeral rites during the COVID-19 pandemic. The Court balanced the community’s right to practice their religious customs with the need to maintain public health and safety. This judgment highlights the importance of finding solutions that respect both religious freedom and public health imperatives. The bench consisted of Justice Dr Dhananjaya Y Chandrachud and Justice Surya Kant.

Case Background

The Surat Parsi Panchayat Board, representing the Parsi Zoroastrian community, filed a petition before the High Court of Gujarat. They sought permission to perform Dokhmenashini, the traditional Parsi funeral rites, in their Dokhmas (Towers of Silence). The Parsi community’s concern arose from the protocols issued by the Union Government on 15 March 2020, at the onset of the COVID-19 pandemic. These protocols, designed for the disposal of dead bodies, were perceived as conflicting with the tenets of the Zoroastrian faith. The High Court dismissed the petition, leading to the appeal before the Supreme Court.

Timeline:

Course of Proceedings

The Surat Parsi Panchayat Board filed a petition in the High Court of Gujarat seeking permission to perform Dokhmenashini in accordance with their religious practices. The High Court dismissed the petition. Subsequently, the appellants appealed to the Supreme Court. The Supreme Court issued notice on 6 December 2021, after hearing the submissions of Mr. Fali S. Nariman, the learned senior counsel for the appellants. The Court then requested the assistance of the Solicitor General, Mr. Tushar Mehta, and listed the matter for further hearing on 17 January 2022. During the hearings, the Supreme Court facilitated discussions between the parties to reach a mutually acceptable solution.

Legal Framework

The case primarily involves the interpretation of Article 25 of the Constitution of India, which guarantees the freedom of conscience and free profession, practice, and propagation of religion. The Court had to balance this fundamental right with the government’s responsibility to protect public health during the COVID-19 pandemic. The judgment also references the COVID-19 guidelines issued by the Union Government, which set out protocols for the disposal of dead bodies.

Arguments

Submissions of the Appellants (Surat Parsi Panchayat Board):

• The appellants contended that the COVID-19 protocols issued by the Union Government did not align with the tenets of the Zoroastrian faith, particularly concerning the disposal of the dead.
• They argued that the traditional Parsi funeral rites, specifically Dokhmenashini in the Towers of Silence, are a religiously mandated obligation.
• The appellants submitted a written note detailing how funeral rites could be conducted while adhering to public health and safety guidelines.
• They emphasized that even under normal circumstances, Zoroastrian practices already conform to the basic rule of separating the dead from the living, as family members do not have physical contact with the deceased.

Submissions of the Respondents (Union of India):

• The respondents acknowledged the religious concerns of the Parsi community but emphasized the need to maintain public health and safety during the pandemic.
• The Solicitor General agreed to intervene to find a solution that respects both religious practices and public health requirements.
• The Union Government’s primary concern was to prevent the spread of COVID-19, which necessitated specific protocols for handling dead bodies.

Innovativeness of the argument: The appellants’ argument was innovative in that they proposed a protocol that would allow the performance of their religious rites while also ensuring compliance with public health guidelines. They highlighted that their existing practices already included measures to separate the dead from the living.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in a separate section. However, the core issue before the Court was:

1. How to reconcile the religious freedom of the Parsi Zoroastrian community to perform their traditional funeral rites with the need to ensure public health and safety during the COVID-19 pandemic.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The judgment does not explicitly cite any specific cases or legal provisions. However, it implicitly relies on Article 25 of the Constitution of India, which guarantees the freedom of religion. The Court also considered the COVID-19 guidelines issued by the Union Government.

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the need to balance religious freedom with public health concerns during the COVID-19 pandemic. The Court emphasized the importance of finding a solution that respected the Parsi Zoroastrian community’s religious practices while ensuring the safety and hygiene of the public. The Court also appreciated the collaborative approach taken by both parties in reaching an amicable settlement.

The Court’s reasoning was also influenced by the following:

• The existing practices of the Parsi community already included measures to separate the dead from the living.
• The agreed protocol ensured that all necessary safety precautions were taken.
• The dialogic process of judicial review can lead to effective solutions that promote harmony.

Key Takeaways

• Religious practices can be accommodated during a public health crisis through dialogue and mutual agreement.
• The Court emphasized the importance of balancing religious freedom with the need to maintain public health and safety.
• The judgment highlights the effectiveness of a collaborative approach in resolving disputes involving religious practices and public health concerns.
• The agreed protocol serves as a model for accommodating religious practices during pandemics.

Directions

The Supreme Court directed that the agreed protocol and Standard Operating Procedure should be followed for handling dead bodies of Parsi Zoroastrian COVID-19 victims. The Court also set aside the judgment of the High Court of Gujarat and directed that the writ petition be governed by the agreed statement placed on record.

Development of Law

The ratio decidendi of the case is that religious practices can be accommodated during a public health crisis through dialogue and mutual agreement, provided that the necessary safety measures are taken. This case does not change any previous positions of law, but it provides a practical example of how to balance religious freedom with public health concerns during a pandemic.

Conclusion

The Supreme Court’s judgment in the case of Surat Parsi Panchayat Board vs. Union of India is a significant example of how the judiciary can facilitate the resolution of conflicts between religious freedom and public health concerns. By approving the agreed protocol, the Court allowed the Parsi Zoroastrian community to practice their traditional funeral rites while ensuring the safety and hygiene of the public. This case underscores the importance of dialogue and collaboration in finding solutions that respect both religious freedom and public health imperatives.

Category

Parent Category: Constitutional Law

Child Categories:

• Religious Rights
• Article 25, Constitution of India
• Public Health
• COVID-19

Parent Category: Constitution of India

Child Categories:

• Article 25, Constitution of India

FAQ

Q: What was the main issue in the Surat Parsi Panchayat Board case?

A: The main issue was how to balance the religious freedom of the Parsi Zoroastrian community to perform their traditional funeral rites with the need to ensure public health and safety during the COVID-19 pandemic.

Q: What is Dokhmenashini?

A: Dokhmenashini is the traditional Parsi Zoroastrian funeral rite where the body is placed in a Dokhma (Tower of Silence) for natural decomposition.

Q: What did the Supreme Court decide in this case?

A: The Supreme Court approved an agreed protocol that allowed the Parsi community to perform their funeral rites while adhering to safety guidelines, thus balancing religious freedom with public health concerns.

Q: What were the key safety measures in the agreed protocol?

A: The key safety measures included the use of PPE kits by corpse bearers, maintaining a 10-foot distance from the body, and using a separate Dokhma for COVID-19 victims with a metallic bird net.

Q: What is the significance of this judgment?

A: This judgment is significant because it demonstrates how religious practices can be accommodated during a public health crisis through dialogue and mutual agreement, while ensuring public safety.