Man confident of court victory on Hindu rite

Jul 19 2008 by Paul Loraine, The Journal

THE man bidding to bring open-air funeral pyres to the North East last night said he was confident of victory in the legal battle.

Pensioner Davender Ghai, of Cuthbert Walk, Gosforth, Newcastle, is at the forefront of a long-running effort to gain permission for the traditional Hindu ceremony to be allowed in England.

A date has been set for the case at London’s High Court in November and Mr Ghai, 69, said he was confident of having his “religious right” upheld.

He said his own poor health provided further motivation to continue his fight so that he himself can have a funeral pyre after his death.

Despite his health problems, Mr Ghai, who is the president of Newcastle charity the Anglo-Asian Friendship Society, has been working for more than two years for pyres to be allowed.

After repeatedly petitioning Newcastle City Council for permission, and seeking land to hold ceremonies, he lit the first British funeral pyre of modern times in July 2006.

At the request of the grieving mother and sister of Rajpal Mehat, a Sikh who drowned in a London canal, Mr Ghai held the traditional ceremony in a remote field in Northumberland.

Despite Northumbria Police and Newcastle City Council declaring the service illegal, Mr Ghai and leaders of the 2,000-strong organisation – the largest multi-faith charity in the country – insisted they did not break any laws.

And now the fight has reached the High Court, where the case will be heard on November 10.

Mr Ghai said: “I am very hopeful, very confident.

“It’s our religious right and we don’t believe we have done anything illegal. If we were breaking the law at the time we were doing the open funeral pyre, we would have been prosecuted.

“My health isn’t very good and I’m nearing 70.

“It is very important to me that we get the law clarified on this.”

Mr Ghai’s campaign has won the backing of the Hindu equivalent of the Pope – Shankaracharaya Swami Divayanand Teerth of Bhanpura.

Sikh organisations also approached the charity’s legal team indicating they want to support them in the judicial review. Mr Ghai said: “I am grateful for this trial date as I am now in ill-health and distracted by the thought of being denied my full religious last rites.

“It has been my privilege to charitably serve Britain ever since I first arrived as an idealistic young man from Kenya in 1958. Britain has changed a great deal since, but an innate mutual respect for human rights and freedoms still lives strong.For practicing Hindus such as myself, fulfilling a last wish to receive one’s full religious rites in no way compromise our sense of British identity.”

:: Click on the links below to read more on funeral pyres

Pyres campaigners call on India experts Jan 1 2008 by Chloe Griffiths, The Journal

Group relies on court ruling Mar 6 2006 By The Journal

Pyres 'not unlawful' says judge Apr 2 2007 By Chloe Griffiths, The Journal