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A Supreme Court bench of Justices Chandrachud and Bopanna today asked the Solicitor General of India, Tushar Mehta to assist the court in the case pertaining to traditional burial for Zoroastrian victims who have succumbed to COVID-19.

When the hearing for the matter commenced, Fali S Nariman, Senior Advocate, appearing for Surat Parsi Panchayat submitted that they have prepared and circulated a one page submission on how obsequies rights of Parsis can be carried out by following the COVID-19 protocols.

He said, “Ours is the only community who have professional Paul bears. They will ensure all the protocols are followed.”

He further urged to court to pass an interim measure for the time being, in case some member of the community dies of the pandemic and that if that were to happen, there should be a system in place.

The counsel appearing for the State of Gujarat submitted that they have been following the guidelines prescribed to them by the Union of India and aren’t deviating from it.

Nariman submitted that the Parsi traditions have not been incorporated in these guidelines. He further submitted that the Union of India has filed an affidavit before the Gujarat High Court stating that they are ready to follow at the orders of the court.

At this point, Justice Chandrachud noted the the presence of SG Tushar Mehta and asked him if he could assist the court in the matter. 

The SG while agreeing to do so, sought a week’s time to get instructions as well as prepare for the matter. The SG also informed the court that the government will do nothing adversarial in this issue.

According to the plea, the panchayat had for months before the filing of the Writ Petition before the High Court, repeatedly sought permission from the authorities to dispose of the dead bodies of Parsi victims who succumbed Covid 19 according to traditional Dokhmenashini. 

The Gujarat High Court had in July dismissed a plea filed by Surat Parsi Panchayat seeking the permission to perform the last rites of community members who died of COVID-19, as per the Zoroastrian tradition instead of cremating them as per the WHO guidelines.

Case title: Surat Parsi Panchayat Vs State of Gujarat