SC dismiss FR petitions challenging mandatory cremation of COVID-19 victims

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The Supreme Court today dismissed eleven Fundamental Rights (FR) petitions filed challenging the mandatory cremation of COVID-19 victims through a gazette notification issued by the government.

The petitioners sought the Court to declare the gazette notification which mandated that the bodies of all Covid victims should be cremated within 24-hours as illegal since it violates the basic right of individuals to hold funerals of the coronavirus victims according to their religious beliefs.

Among the petitioners are relatives of a Muslim familiy whose loved one was cremated after died from COVID-19 and a Catholic family.

Lawyers appearing on behalf of the petitioners argued that as both Catholics and Muslims believe in resurrection, the mandatory cremation procedure introduced by the government directly violates the Constitution through Article 10 and 14 with regard to the right to follow the religion and its beliefs.

They also argued that the government introduced this mandatory cremation despite World Health Organization (WHO) guidelines clearly indicating that burial of COVIC-19 victims can be allowed.

The Bench consist of Chief Justice Jayantha Jayasuriya, Justices Murdu N.B. Fernando and P. Padman Surasena.

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