LONDON // A Hindu pensioner launched a legal bid yesterday to overturn a ban on the burning of bodies in the open air in the United Kingdom.
The action at the High Court in London could, if successful, be used as precedent, allowing Hindus to follow their religious practice of holding an open-air funeral pyre anywhere in England and Wales.
At present, the only recourse for many Hindus in Britain is to have their bodies flown back to India for public cremation.
The case, scheduled to last three days, is being brought by Davender Ghai, 70, a devout Hindu who is bringing the test case against the Newcastle city council.
Council lawyers will argue that open-air cremations are banned in law, a situation that the ministry of justice supports on legal, health and environmental grounds.
However, Mr Ghai, who has the backing of many Hindu and Sikh organisations throughout the country, insists that the process is essential to free the soul after death and his legal team argued yesterday that the 1902 Cremation Act did not specifically outlaw outdoor religious cremations.
If it did, his lawyers added, then it was incompatible with the European Convention on Human Rights because it discriminated against Mr Ghai's right to protection for his private life and religious and cultural beliefs.
Andrew Singh Bogan, Mr Ghai's lawyer, said a successful challenge would "create a precedent for all local authorities to grant open air funeral pyres if there was demand in their area".
Hindus have been carrying out such cremations for more than 4,000 years, but similar ceremonies are not feasible in existing British crematoriums, where bodies are burnt in large ovens.
In 2006, city councillors in Newcastle-upon-Tyne refused Mr Ghai permission to establish an open-air site for cremations, citing the 1902 act.
Mr Ghai, who originally came to Britain from Kenya and who is the founder of the Anglo-Asian Friendship Society, subsequently organised the cremation of a fellow Hindu in a field just outside the city.
Police investigated and said the service was probably illegal but the Crown Prosecution Service decided not to prosecute anyone on the grounds that it would not be in the public interest.
Mr Ghai said before the hearing, known as a judicial review, that he was seeking to "clarify and enforce the law, not disrespect it".
He added: "As a Hindu, I believe my soul should be liberated in consecrated fire, 'agni', after death - a sacramental rebirth, like the mythical phoenix arising from the flames anew.
"I will not deny my claim is provocative, least of all in a nation as notoriously squeamish towards death as our own. However, I honestly do not believe natural cremation grounds would offend public decency, as long as they were discreet, designated sites far from urban and residential areas."
Mr Ghai said he believed that his soul was in jeopardy because of the ban. "I have lived my entire life by the Hindu scriptures and they have inspired me to charitably serve this country for over 30 years. In the frailty of my twilight, I now yearn to die by them.
"Far beyond my own death, I hope my struggle will provide a legacy for those who would not be in a position to undertake such an enormous challenge."
Mr Ghai said local councils provided separate cemeteries for Jews and Muslims, which accommodated almost instant burials. "Hindus should cremate before the following sunset too and yet we, along with the general public, wait for up to a week," he said.
The Newcastle city council would not comment on the case yesterday because of the High Court action, but Mr Bogan said he expected the authority's lawyers to argue that open-air cremations were "abhorrent" to the bulk of the population.
"In the end, this case could come down to the nebulous issue of whether this is seen as 'British' or not," he said.
A spokesman at the ministry of justice said: "There are inevitably competing views on the appropriate arrangements for disposing of bodies stemming from different views about religion, morals and decency.
"The current law requires that cremations must take place in a crematorium and open-air funeral pyres are not allowed. The government considers that this requirement is justified, taking into account the complex social and political issues raised."
Opinion over the open-air pyres has been divided among the 500,000-plus Hindus in Britain but, recently, the UK Hindu Council has backed Mr Ghai saying that the "individual choice of those Hindus who follow the directives of Hindu scriptures and wish to have open air funerals, should be honoured".
dsapsted@thenational.ae
The specs
Engine: 1.5-litre 4-cylinder petrol
Power: 154bhp
Torque: 250Nm
Transmission: 7-speed automatic with 8-speed sports option
Price: From Dh79,600
On sale: Now
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Need to know
The flights: Flydubai flies from Dubai to Kilimanjaro airport via Dar es Salaam from Dh1,619 return including taxes. The trip takes 8 hours.
The trek: Make sure that whatever tour company you select to climb Kilimanjaro, that it is a reputable one. The way to climb successfully would be with experienced guides and porters, from a company committed to quality, safety and an ethical approach to the mountain and its staff. Sonia Nazareth booked a VIP package through Safari Africa. The tour works out to $4,775 (Dh17,538) per person, based on a 4-person booking scheme, for 9 nights on the mountain (including one night before and after the trek at Arusha). The price includes all meals, a head guide, an assistant guide for every 2 trekkers, porters to carry the luggage, a cook and kitchen staff, a dining and mess tent, a sleeping tent set up for 2 persons, a chemical toilet and park entrance fees. The tiny ration of heated water provided for our bath in our makeshift private bathroom stall was the greatest luxury. A standard package, also based on a 4-person booking, works out to $3,050 (Dh11,202) per person.
When to go: You can climb Kili at any time of year, but the best months to ascend are January-February and September-October. Also good are July and August, if you’re tolerant of the colder weather that winter brings.
Do not underestimate the importance of kit. Even if you’re travelling at a relatively pleasant time, be geared up for the cold and the rain.
Blackpink World Tour [Born Pink] In Cinemas
Starring: Rose, Jisoo, Jennie, Lisa
Directors: Min Geun, Oh Yoon-Dong
Rating: 3/5
Normal People
Sally Rooney, Faber & Faber
Company%20Profile
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SPEC SHEET
Display: 10.4-inch IPS LCD, 400 nits, toughened glass
CPU: Unisoc T610; Mali G52 GPU
Memory: 4GB
Storage: 64GB, up to 512GB microSD
Camera: 8MP rear, 5MP front
Connectivity: Wi-Fi, Bluetooth 5.0, USB-C, 3.5mm audio
Battery: 8200mAh, up to 10 hours video
Platform: Android 11
Audio: Stereo speakers, 2 mics
Durability: IP52
Biometrics: Face unlock
Price: Dh849
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What drives subscription retailing?
Once the domain of newspaper home deliveries, subscription model retailing has combined with e-commerce to permeate myriad products and services.
The concept has grown tremendously around the world and is forecast to thrive further, according to UnivDatos Market Insights’ report on recent and predicted trends in the sector.
The global subscription e-commerce market was valued at $13.2 billion (Dh48.5bn) in 2018. It is forecast to touch $478.2bn in 2025, and include the entertainment, fitness, food, cosmetics, baby care and fashion sectors.
The report says subscription-based services currently constitute “a small trend within e-commerce”. The US hosts almost 70 per cent of recurring plan firms, including leaders Dollar Shave Club, Hello Fresh and Netflix. Walmart and Sephora are among longer established retailers entering the space.
UnivDatos cites younger and affluent urbanites as prime subscription targets, with women currently the largest share of end-users.
That’s expected to remain unchanged until 2025, when women will represent a $246.6bn market share, owing to increasing numbers of start-ups targeting women.
Personal care and beauty occupy the largest chunk of the worldwide subscription e-commerce market, with changing lifestyles, work schedules, customisation and convenience among the chief future drivers.
The specs
Engine: Long-range single or dual motor with 200kW or 400kW battery
Transmission: Single-speed automatic
Max touring range: 620km / 590km
Price: From Dh250,000 (estimated)
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THE SIXTH SENSE
Starring: Bruce Willis, Toni Collette, Hayley Joel Osment
Director: M. Night Shyamalan
Rating: 5/5
The specs
Engine: 2.7-litre 4-cylinder Turbomax
Power: 310hp
Torque: 583Nm
Transmission: 8-speed automatic
Price: From Dh192,500
On sale: Now
Fifa Club World Cup quarter-final
Esperance de Tunis 0
Al Ain 3 (Ahmed 02’, El Shahat 17’, Al Ahbabi 60’)
Company%20Profile
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