Rishad & ex-Muslim MPs filed petition at Supreme Court to quash Govt’s COVID19 body disposal order

Leader of Sri Lanka’s All Ceylon Makkal Congress (ACMC) and former Minister Rishad Bathiudeen joined by several former MPs has filed a Fundamental Rights Petition in the Supreme Court challenging the rules followed to dispose the bodies of suspected Muslim victims of COVID19, which he alleges is done contrary to the method practiced by followers of Islamic Faith.

In his petition SCFR107/2020 filed on May 14, ACMC Leader Bathiudeen has cited the Minister of Health, Nutrition and Indigenous Medicine, Director General of Health Services of the Ministry of Health and Indigenous Medical Services, Secretary of the Ministry of Health and Indigenous Medical Services, and the Attorney General as respondents. Former MPs Seyed Ameer Ali (former ACMC MP), Abdullah Mohamed Mahroof (former ACMC MP), and Hussein Ahamed Bhaila (former Deputy Minister of External Affairs 2007-2010) are the other Petitioners joining ACMC Leader Bathiudeen.

“The Petitioners are making the present application both in their own personal interest as well as in the public interest” said ACMC Leader Bathiudeen in his filing and added: “In light of the fact that there is no danger in carrying out burial which is practiced by many countries of the world, where COVID-19 death rates are very high, there is no reason for foregoing such religious practice of burial.”
The petition noted that since 28-03-2020 there have been occasions when the remains of a person who died in the context of the virus has been disposed of by the Government of Sri Lanka in exclusion of the right of the deceased or his or her relatives right to choose a mode of disposal of the cadaver in the context of the virus.  

“Up to the date of this Petition, there have been nine (09) deaths reported from Covid-19. There has been some uncertainty as to whether the 9th person who died in fact died of Covid-19. The dignity of the dead, their cultural and religious traditions and their families should be respected and protected; A person who has died of the COVID-19 virus could either be buried or cremated; World Health Organization published interim guidance for the Infection Prevention and Control for the safe management of a dead body in the context of COVID-19.” the petition stated.

In March, the Ministry of Health published Provisional Clinical Practice Guidelines on COVID-19 suspected and confirmed patients. Chapter 7 of these MoH Guidelines dealing with ‘Autopsy practice and disposal of a dead body’ up until its third version published on 27-03-2020, provided that a body related to death either confirmed (Category I) or suspected (Category II & III) of COVID-19, should be disposed within 24 hours (preferably within 12 hours) according to the following guidance; a) The body should never be washed under any circumstance; b) Cremation or burial is allowed;  c) However, burial is allowed provided that all steps to prevent contact with body [are] ensured;  However, on 31-03-2020, immediately after the second Covid-19 death who is identified as a person of the Islamic faith, the Ministry of Health without any notice suddenly amended the MoH Guidelines and the fourth version with the amendments provided that a body related to death either confirmed (Category I) or suspected (Category II & III) of COVID-19, should be exclusively cremated within 24 hours (preferably within 12 hours).