By Sue-Ann Wayow
A RELIGIOUS leader belonging to the Sanatan Dharma Maha Sabha (SDMS) is legally challenging the state regarding its disallowance of open-pyre funerals for Covid-19 patients due to Covid-19.
Pandit Navin Maharaj authorised to preside over Hindu rituals including funerals has sought the services of attorneys Stefan Ramkissoon, Kiel Taklalsingh and Dinesh Rambally acting on instruction from Rhea Khan.
Rambally, who is also the Member of Parliament for Chaguanas West, has on several occasions called on Health Minister Terrence Deyalsingh and Chief Medical Officer Dr Roshan Parasram to reverse the decision while giving information to support his repeated request.
A letter dated July 24, 2021 was sent to both Deyalsingh and Dr Parasram on Maharaj’s behalf.
The letter detailed the significance of the open-pyre funeral to a Hindu devotee and is threatening judicial review proceedings.
It is claiming that the minister and CMO have not advanced any scientific reasons to show that open-pyre funerals spread Covid-19.
It stated, “In Hinduism, after a person dies, it is recommended that they have an open-pyre cremation, as many rites involve a live fire, around which the sons are expected to circumambulate. Camphor is placed on the face/forehead of the deceased and the son ignites the pyre with accompanying mantras.
“The burning of the body is significant, as it represents the final severing of all ties which the newly-departed soul may have with the body. It also prevents the soul from hovering over the body as Hindus believe that some disoriented souls may have a desire to re-enter it. Cremation also signals the finality of the death process for grieving members of the family.
“Cremation of the dead is therefore a fundamental tenet and practice of the Hindu Religion and any restriction of it should only be undertaken as an absolutely necessary and incontrovertible measure and with sufficient and compelling justification.”
The lawyers stated that sufficient reasons needed to be supplied to support the Covid-19 precaution adding that not even the World Health Organization had placed a restriction on that particular practice.
“Without such reasons or scientific justification our client would be forced to conclude that you have acted irrationally and/or without any rational basis in promulgating the said policy. Further, the failure to provide us with such reasons and/or justification would also lead to the inference that the said guidance is disproportionate, given its interference with constitutional rights and freedoms in that there was no genuine consideration of less intrusive measures,” the letter stated.
The minister and the CMO have 14 days to respond.
