prometheus unbound
10-02-2010, 11:49 AM
Hindu wins Northumberland funeral pyre battle
Mr Ghai was refused a cremation permit by Newcastle City Council in 2006
A devout Hindu has won his bid for the right to be cremated on a traditional funeral pyre.
Davender Ghai, 71, was seeking to overturn a 2006 Newcastle City Council decision forbidding him from being cremated according to his beliefs.
Last year his challenge was dismissed by the High Court, but that ruling has been overturned at the Court of Appeal.
Judges decided the pyre would be lawful after Mr Ghai said it could include walls and a roof with an opening.
Today's verdict has breathed new life into an old man's dreams
Davender Ghai
In February 2006, the founder of the Anglo-Asian Friendship Society (AAFS), from Gosforth, Newcastle, was refused a permit for a cremation site in a remote part of Northumberland.
Newcastle City Council said the burning of human remains anywhere outside a crematorium was prohibited under the 1902 Cremation Act.
The Ministry of Justice, which opposed the appeal case, had backed the local authority's decision.
But the Court of Appeal judges accepted that Mr Ghai was willing to be cremated within existing rules with his funeral pyre "enclosed in a structure" and ruled that the Ministry of Justice definition of a building was too narrow.
Delivering the verdict, Master of the Rolls, Lord Neuberger, who headed the appeal panel, said: "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."
'Clarify law'
Mr Ghai said the ruling had "breathed new life into an old man's dreams".
He said: "I always maintained that I wanted to clarify the law, not disobey or disrespect it.
"The Court of Appeal understood my request was consistent with both the spirit and letter of the law and my only regret is that tax payers' money would have been saved had that been recognised in 2006.
"My request was often misinterpreted, leading many to believe I wanted a funeral pyre cremation in an open field, whereas I always accepted that buildings and permanent structures would be appropriate."
He added: "All the time I had complete faith that justice would be done. Now I can go in peace."
http://news.bbc.co.uk/1/hi/england/tyne/8507811.stm
Mr Ghai was refused a cremation permit by Newcastle City Council in 2006
A devout Hindu has won his bid for the right to be cremated on a traditional funeral pyre.
Davender Ghai, 71, was seeking to overturn a 2006 Newcastle City Council decision forbidding him from being cremated according to his beliefs.
Last year his challenge was dismissed by the High Court, but that ruling has been overturned at the Court of Appeal.
Judges decided the pyre would be lawful after Mr Ghai said it could include walls and a roof with an opening.
Today's verdict has breathed new life into an old man's dreams
Davender Ghai
In February 2006, the founder of the Anglo-Asian Friendship Society (AAFS), from Gosforth, Newcastle, was refused a permit for a cremation site in a remote part of Northumberland.
Newcastle City Council said the burning of human remains anywhere outside a crematorium was prohibited under the 1902 Cremation Act.
The Ministry of Justice, which opposed the appeal case, had backed the local authority's decision.
But the Court of Appeal judges accepted that Mr Ghai was willing to be cremated within existing rules with his funeral pyre "enclosed in a structure" and ruled that the Ministry of Justice definition of a building was too narrow.
Delivering the verdict, Master of the Rolls, Lord Neuberger, who headed the appeal panel, said: "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."
'Clarify law'
Mr Ghai said the ruling had "breathed new life into an old man's dreams".
He said: "I always maintained that I wanted to clarify the law, not disobey or disrespect it.
"The Court of Appeal understood my request was consistent with both the spirit and letter of the law and my only regret is that tax payers' money would have been saved had that been recognised in 2006.
"My request was often misinterpreted, leading many to believe I wanted a funeral pyre cremation in an open field, whereas I always accepted that buildings and permanent structures would be appropriate."
He added: "All the time I had complete faith that justice would be done. Now I can go in peace."
http://news.bbc.co.uk/1/hi/england/tyne/8507811.stm