Constitution of India: Art.25 – Freedom of religion – Appellant-Surat Parsi Panchayat Board filed petition before the High Court seeking, among other things, directions to allow the performance of Dokhmenashini or funeral rights in the Dokhmas belonging to the Parsi Zoroastrian community – The basis of the grievance was that the protocols which were notified on 15 March 2020 by the Union Government during the onset of the Covid-19 pandemic setting out modalities for the disposal of dead bodies did not comport with the tenets of the Zoroastrian faith – High Court dismissed the petition – Hence the instant appeal – Held: During the course of the ensuing hearings, an effort was made to reach an acceptable resolution of the issues raised – There is on the one hand the fundamental right founded on Art.25 of the Constitution – On the other hand, there are concerns based on the need to preserve public health during the time of the pandemic – An agreed protocol was placed before the Court which meets both the concerns reflected above – A request was jointly made on behalf of the appellants as well as the respondents that a final order in invitum be passed both in the appeal and consequently, in the writ proceedings which became the subject matter of the judgment of the High Court – The dispute amicably settled – The Court is assured that the protocol and the Standard Operating Procedure comports with the tenets of the Zoroastrian faith, while according with the need expressed by the Union government for the maintenance of safety and hygiene in the context of the Covid-19 pandemic – The protocol and the Standard Operating Procedure are accepted and an order is passed in terms of the statement which has been jointly placed on the record of these proceedings – Judgment of High Court set aside – Writ petition would be governed by the agreed statement which has been placed on the record in these proceedings – Appeal disposed of.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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