BMC circular doesn't prevent burial of COVID-19 victim: HC

Hearing a petition seeking a stay on the circular issued by the Brihanmumbai Municipal Corporation (BMC) on March 30, the Bombay High Court has said a revised circular issued by the Brihanmumbai Municipal Corporation on disposal of bodies of coronavirus victims does not prevent the burial of the mortal remains of any minority community person.

Mumbai: The Bombay High Court has said a revised circular issued by the Brihanmumbai Municipal Corporation on disposal of bodies of coronavirus victims does not prevent the burial of the mortal remains of any minority community person.

Justice A A Sayed on April 3 refused to grant relief to a petition seeking a stay of the circular issued by the Brihanmumbai Municipal Corporation (BMC) on March 30.

Mumbai resident Riyaz Ahmed Mohammed Ayub Khan approached the high court challenging the circular, claiming that it prohibited the burial of bodies of minority community persons, who died of coronavirus disease.

"Prima facie, it appears from the circular that it does not prevent the burial of the body of any minority community person afflicted with COVID-19 as sought to be suggested by the petition, the court said in its order.

"There is no instance mentioned in the petition that the body of any minority community person afflicted with COVID-19 has been cremated instead of being buried," it said. Hence, no case of grant of interim relief is made out, the court added.

On March 30, the BMC issued circular saying bodies of those who succumbed to COVID-19 would be cremated and if such a body was to be buried, then to move it out of the city.

As per the circular issued by BMC Commissioner Praveen Pardeshi, all bodies of COVID-19 patients should be cremated at the nearest crematorium irrespective of religion to avoid chances of transmission, and burial should not be allowed.

However, if someone insists on burial then the same shall be permitted only if the body is taken out of Mumbai, the circular had said.

The circular was, however, withdrawn within hours following uproar and a revised circular was issued.

In the revised circular, the BMC allowed the burial of bodies within Mumbai provided the burial ground was large enough to ensure there is no threat of transmission to residents of the area.

Khan challenged the revised circular, claiming that the civic body was not allowing the burial of bodies of those patients who died due to coronavirus.

The court refused to grant interim relief and posted the plea for further hearing on April 24.

PTI