The Bombay High Court has received a plea stating minority communities were not permitted for the burial of the persons deceased due to coronavirus. The Bombay High Court has said that the circular passed by Brihanmumbai Municipal Corporation circular does not prevent any minority or any other person for the burial of the deceased.
Brief Facts
On 30th March, 2020 Brihanmumbai Municipal Corporation (BMC) Commissioner Praveen Pradeshi has made an announcement of a circular which states that the deceased persons from the coronavirus will be cremated at the nearest site available and will this shall be held irrespective of the religion. This circular was later withdrawn after Minority Development Minister Nawab Malik intervened. A new circular is passed by BMC that the burial process will be allowed in accordance with few guidelines. Riyaz Ahmed Mohammad Ayub Khan has filed a petition to Hon’ble Justice A.A. Sayed, the plea challenges the first circular passed by BMC has prohibited the burial of the deceased. Hon’ble Justice A.A. Sayed has said “It prima facie appears from the Circular that it does not prevent the ‘burial’ of the dead body of any minority community person afflicted with COVID-19 as sought to be suggested by the learned Counsel for the Petitioners. There is no instance mentioned in the Petition that the dead body of any minority community person afflicted with COVID-19 has been cremated instead of being buried” Justice Sayed observed”[i].
Key Features
1. On 30th March, 2020 Brihanmumbai Municipal Corporation (BMC) Commissioner Praveen Pradeshi has made an announcement of a circular which states that the deceased persons from the coronavirus will be cremated at the nearest site available.
2. This circular was later withdrawn after Minority Development Minister Nawab Malik intervened.
3. A new circular is passed by BMC that the burial process will be allowed in accordance with few guidelines.
4. Riyaz Ahmed Mohammad Ayub Khan has filed a petition to Hon’ble Justice A.A. Sayed, that the first circular passed by BMC has prohibited the burial of the deceased of the minority community.
5. Hon’ble Justice A.A. Sayed has made a statement that it does not sate either prevent anybody from burial, it just says to take necessary guideline to help stop the prevention of the coronavirus.
Conclusion
The Brihanmumbai Municipal Corporation has passed a circular helping to cremate the deceased bodies while at the same time help prevent the virus from spreading. The circular was not favourable to any religion or any community.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
End Notes
[i] Nitish Kashyap, BMC Circular Does Not Prevent Burial Of Dead Infected With COVID-19: Bombay HC [Read Order] Live Law (2020), https://www.livelaw.in/news-updates/bmc-circular-does-not-prevent-burial-of-dead-infected-with-covid-19-bombay-hc-154970 (last visited Apr 8, 2020).
