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The Supreme Court on Monday suggested the Parsi Community to convene a meeting with Solicitor General Tushar Mehta to resolve the issue of traditional cremation for members of the Parsi community who succumbed to COVID-19.

A bench of Justice DY Chandrachud and Justice Surya Kant deferred hearing while suggesting the parties to convene a meeting among themselves.

The bench was hearing the plea filed by Surat Parsi Panchayat challenging the Gujarat High Court’s order denying traditional cremation for members of the Parsi community who succumbed to COVID-19.

According to the petition in the celebrated case of Sir Dinsha Manekji Petit vs. Sir Jamshedji Jijibhoy: 1909 ILR (3) Bom 509 at page 533 11 Bom. L. R. 85, it was held as that “ The last resting-place of the Parsis-the Towers of Silence-are regarded by them with sentiments of the utmost reverence. They are regarded as places of the greatest sanctity. When a new Tower is built it is consecrated with most elaborate religious ceremonies.”.

Solicitor General Tushar Mehta appearing for the Central Government submitted that "We have filed our affidavit, this may not be allowed scientifically."

However, Senior Advocate Fali S Nariman appearing for the petitioners submitted that we have filed a response to the affidavit filed by the Central Government, Some kind of decent and dignified burial may be considered.

The bench suggested the counsels for both the parties to convene a meeting and decide over the issue. On which both the parties agreed.

The petition further states that the court was also sought to declare that the Government of India “Covid 19: Guidelines on dead body management”  dated 15.03.2020 does not prohibit the Parsi Zoroastrians to perform the last rites of any of its member who have died due to COVID 19 in accordance with their religion.”

The petition challenges the order of the Gujarat High Court on the grounds that the division bench of Gujarat High Court without application of its mind held that “the Court was of the opinion that the issue raised in the petition had become academic” since “when the petition was being heard, the curve had almost flattened.”

The bench has kept the matter for hearing after two weeks.

Case title: Surat Parsi Panchayat Vs Union of India