Hindu campaigner Davender Ghai vows to fight on

May 9 2009 by Sonia Sharma, The Journal

AILING Hindu campaigner Davender Ghai has vowed to fight on for the right to have an open-air funeral pyre despite suffering a setback at the High Court.

The 70-year-old wants a funeral in accordance with his religious and cultural beliefs.

But yesterday Mr Justice Cranston, sitting at the High Court in London, dismissed the challenge, saying pyres were prohibited by law and the prohibition was justified.

In his ruling he said: “The Cremation Act 1902 and its attendant 2008 regulations are clear in their effect: the burning of human remains, other than in a crematorium, is a criminal offence. This effectively prohibits open air funeral pyres.

“In my view the prohibition on open air funeral pyres in the 1902 Act and the 2008 regulations is justified.”

However he gave Mr Ghai, of Gosforth, Newcastle, permission to appeal against his ruling to the Court of Appeal.

He added: “I don’t think there is a real prospect of success but it seems to me sufficiently a matter of public importance for me to give permission to appeal.”

Mr Ghai, president of the Anglo-Asian Friendship Society, is currently in India receiving a course of medical treatment.

Over the phone, he told The Journal he had not yet seen the full judgment but was going to battle on and appeal against it, despite his own ill health.

He added: “We always knew this would not be an easy fight. I will go all the way. This is the beginning, not the end.

“I respect the decision of the court but for me this is quite literally a matter of life and death. I shall appeal until the very end in the faith that my dying wish will not go unheard.

“A matter of such magnitude deserves to be heard by the highest courts in our land and I shall not tire until all legal avenues are exhausted.

“It is the final verdict which will decide my fate, notwithstanding any disappointments faced along the way.”

He started the court case after holding an open-air funeral for Rajpal Mehat in a Northumberland field in 2006. He was not charged by police as it was decided that, while it was an offence, it was not in the public interest to prosecute anyone.

A spokesman for Newcastle City Council said: “We are pleased with the High Court judgement.

“Newcastle City Council has, and will continue to, consult with different faiths in an attempt to accommodate their funeral requirements. This is a lengthy judgement and it will take some time to consider all of its detail.”