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Supreme Court of India 2022-02-04 allowed

Surat Parsi Panchayat Board and Another vs Union of India and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Surat Parsi Panchayat Board challenged COVID-19 protocols issued by the Union Government that prohibited Parsis from performing their traditional funeral rites (Dokhmenashini) in Towers of Silence, arguing these protocols violated their constitutional right to practice religion. The High Court dismissed the petition. The Supreme Court, after the Solicitor General intervened, facilitated discussions between the community and the Government. Both parties agreed to a protocol allowing Dokhmenashini ceremonies while maintaining public health safeguards, including use of protective equipment, distance requirements, and disinfection procedures. The Court approved the agreed protocol, set aside the High Court's judgment, and held that the dialogue-based approach resolved the conflict between religious freedom and pandemic safety effectively.

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Constitutional Law Fundamental Rights Freedom of Religion Pandemic Law Administrative Law Public Health Alternative Dispute Resolution

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