THE SURAT PARSI PANCHAYAT BOARD AND ANOTHER versus UNION OF INDIA AND OTHERS

Citation: [2022] 1 S.C.R. 631 · Decided: 04-02-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, SURYA KANT · Disposal: Disposed off

Judgment (excerpt)

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[2022] 1 S.C.R. 631
631
THE SURAT PARSI PANCHAYAT BOARD AND ANOTHER
v.
UNION OF INDIA AND OTHERS
(Civil Appeal No. 1067 of 2022)
FEBRUARY 4, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND
SURYA KANT, JJ.]
Constitution of India: Art.25 – Freedom of religion –
Appellant-Surat Parsi Panchayat Board filed petition before the
High Court seeking, among other things, directions to allow the
performance of Dokhmenashini or funeral rights in the Dokhmas
belonging to the Parsi Zoroastrian community – The basis of the
grievance was that the protocols which were notified on 15 March
2020 by the Union Government during the onset of the Covid-19
pandemic setting out modalities for the disposal of dead bodies did
not comport with the tenets of the Zoroastrian faith – High Court
dismissed the petition – Hence the instant appeal – Held: During
the course of the ensuing hearings, an effort was made to reach an
acceptable resolution of the issues raised – There is on the one
hand the fundamental right founded on Art.25 of the Constitution –
On the other hand, there are concerns based on the need to preserve
public health during the time of the pandemic – An agreed protocol
was placed before the Court which meets both the concerns reflected
above – A request was jointly made on behalf of the appellants as
well as the respondents that a final order in invitum be passed both
in the appeal and consequently, in the writ proceedings which
became the subject matter of the judgment of the High Court – The
dispute amicably settled – The Court is assured that the protocol
and the Standard Operating Procedure comports with the tenets of
the Zoroastrian faith, while according with the need expressed by
the Union government for the maintenance of safety and hygiene
in the context of the Covid-19 pandemic – The protocol and the
Standard Operating Procedure are accepted and an order is passed
in terms of the statement which has been jointly placed on the record
of these proceedings – Judgment of High Court set aside – Writ
petition would be governed by the agreed statement which has been
placed on the record in these proceedings – Appeal disposed of.
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SUPREME COURT REPORTS
[2022] 1 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1067
of 2022.
From the Judgment and Order dated 23.07.2021 of the High Court
of Gujarat at Ahmedabad in R/Special Civil Application No.7585 of 2021.
Fali S. Nariman, Sr. Adv., Subhash Sharma, Devmalya Banerjee,
Zerick Dastur, Rohan Sharma, Kartik Bhatnagar, Nicholas Choudhury,
Anmol, Ms. Palak Agrawal, Ms. Smriti Singh, M/s Karanjawala & Co.,
Advs. for the Appellants.
Tushar Mehta, SG, Gurmeet Singh Makker, Rajat Nair, Divyansh
H. Rathi, Ketan Paul, Bhuvan Kapoor, Ms. Deepanwita Priyanka, Tejas
Patel, Ms. Meera Kaura, Advs. for the Respondents.
The following Order of the Court was passed :
ORDER
1. Leave granted.
2. This appeal arises from a judgment and order dated 23 July
2021 of a Division Bench of the High Court of Gujarat.
3. A petition under Article 226 of the Constitution was instituted
before the High Court by the Surat Parsi Panchayat Board seeking,
among other things, directions to allow the performance of Dokhmenashini
or funeral rights in the Dokhmas belonging to the Parsi Zoroastrian
community. The basis of the grievance was that the protocols which
were notified on 15 March 2020 by the Union Government during the
onset of the Covid-19 pandemic setting out modalities for the disposal of
dead bodies do not comport with the tenets of the Zoroastrian faith. The
High Court dismissed the petition.
4. Notice was issued on 6 December 2021after hearing Mr Fali S
Nariman, learned senior counsel for the appellants. The next order of
this Court dated 10 January 2022, is extracted below:
“1
Mr Fali S Nariman, learned Senior Counsel appearing on
behalf of the petitioners, has submitted a written note
indicating the manner in which the funeral rites of Parsi
Zoroastrians who have died due to Covid-19 would be
carried out at the Towers of Silence. Learned Senior
Counsel submits that the proposed guidelines meet the
concerns of the Union Government over public health and
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safety while preserving the sanctity of the Zoroastrian faith.
The guidelines which have been issued by the Union
Government in the Ministry of Health and Family Welfare
(Annexure P-1) do not take into account the concerns of
the Zoroastrian community in regard to the modalities
ordained for funeral rites.

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