Summary
The Parsi Panchayat challenged pandemic body-disposal restrictions affecting Zoroastrian funeral rites. During the appeal, the parties agreed on a protocol allowing the rites with safeguards for handling COVID-19 victims’ bodies. The Court accepted that protocol, set aside the High Court’s dismissal and ordered that the writ petition be governed by the agreed statement. The appeal was disposed of through this resolution rather than a general ruling invalidating public-health restrictions.
Issues
- Whether the dispute over Parsi Zoroastrian funeral rites for COVID-19 victims could be resolved through an agreed protocol protecting religious practice and public health.
Held
- The dispute engaged religious freedom and the preservation of public health during the pandemic. The parties assured the Court that their agreed protocol respected Zoroastrian tenets while meeting the Union’s safety and hygiene concerns. The Court accepted that resolution. (¶ 5-9)
- The accepted protocol restricted body handling to professional corpse bearers, required protective equipment and vaccination safeguards, maintained distance and prohibited relatives from touching the body. It provided for prayers and permitted non-contact rites, with cleaning and disposal of protective equipment after each ceremony. (¶ 6)
- The protocol reserved Dokhma No.3 for COVID-19 victims, separated other bodies into different Dokhmas and included an undertaking to install a metallic net as soon as possible to prevent birds and animals contacting the bodies. Attendance remained subject to applicable government guidelines. (¶ 6)
- An order was passed in terms of the jointly filed statement. The High Court’s judgment was set aside, the writ petition made subject to that statement and the appeal disposed of accordingly. (¶ 7-12)
Result
Appeal disposed of in terms of the agreed funeral protocol and standard operating procedure. High Court judgment set aside; writ petition governed by the agreed statement.