SDMS considers legal action on covid open-air pyre cremation ban

ATTORNEYS representing the Sanatan Dharma Maha Sabha (SDMS) says it is prepared to approach the High Court for a resolution to the Ministry of Health’s continuing ban on open-air pyre cremations for people who died of covid19 complications.

Dinesh Rambally, one of the lawyers, said this route is being considered after a meeting with representatives of the Ministry of Health on Wednesday.

A similar legal challenge involving Cindy-Ann Ramsaroop-Persad, the daughter of a covid19 patient who died earlier this month, is engaging the attention of the court.

The meeting requested by the SDMS with Chief Medical Officer (CMO) Dr Roshan Parasram did not come off as planned. Leading the discussion with the SDMS was veterinarian Dr Saed Rahaman together with representatives from the ministry. Also present were Rambally and other members of the legal team Kiel Taklalsingh and Stefan Ramkissoon of Sovereign Chambers, instructed by Rhea Khan.

Rambally told Newsday after the meeting that the SDMS repeatedly called on the MOH to give reasons, the scientific evidence and/or basis upon with the ministry is relying for concluding that covid19 open-air pyre cremation is dangerous to public health, thereby requiring a ban.

“This information, unfortunately, was not provided despite the SDMS’ previous correspondences requesting same.

“The SDMS has asked that the deliberations by the (SDMS) committee and the (ministry) be expedited as Hindus and other persons desirous of final rites by way of cremation are being disadvantaged with inordinate and unnecessary costs associated with indoor cremation.

“The SDMS will approach the court if no quick and favourable response is forthcoming.”

Ramkissoon, in an August 12 letter to Parasram, noted that the World Health Organization (WHO) is the body or authority upon which this country relies for guidance on its own approach to the management of the pandemic.

He urged Parasram to state whether the WHO has categorically prohibited open-pyre cremations for covid19 deaths.

If there is no prohibition and the ministry is minded to allow same, Ramkissoon and team have proposed a number of compliance measures in an effort to abide with public safety concerns.

The proposals include for bodies to remain in body bags within a closed casket or coffin; for the ritual, involve no more than the prescribed number according to the ministry’s regulations; revolving around the pyre kept to the shortest time possible; for no one to be near the burning pyre; and for all mortuary attendants and people handling the body/coffin to be masked and gloved in keeping with the WHO’s guidance.

“I wish to remind you that this matter is of an urgent nature because it affects the collective conscious of the Hindu community and specifically those families who cannot afford to cremate their loved ones in an indoor crematorium,” Ramkissoon wrote.

“Furthermore, this matter has taken added importance with the advent of the delta variant to Trinidad and Tobago. One can easily guess that infections and deaths will be on the rise, and this will further compound the problems which we are seeking to resolve.”