Can Britain accapt funeral pyres? Pt 2 of 3

'Tokenistic symbolism'

Under the Cremation Act, the burning of bodies in England and Wales is restricted to designated crematoriums. Similar acts are in force in Scotland and Northern Ireland.

This has resulted in some UK Hindus sending the bodies of deceased relatives to India for a ceremony which dates back some 4,000 years.

In South Asia, most cremations for Hindus and Sikhs are held outdoors, often on the banks of a river regarded as holy. Hindus in particular see open-air cremations as the best way to liberate the soul from the body.

At the High Court, lawyers for Mr Ghai intend to argue that open-air cremations are not "necessarily unlawful".
The funeral pyre of Maharishi Mahesh Yogi in Allahabad, India , February 2008
The rituals at a Hindu cremation date back some 4,000 years

They will cite past cases that were not subject to prosecution, including the 1934 open air cremation of the Nepalese ambassador's wife in Surrey.

According to Andrew Singh Bogan, the AAFS's legal adviser, parts of the 1998 Human Rights Act covering freedom to practise religious beliefs could also be relied on.

At a Hindu cremation, the corpse is bathed, usually dressed in traditional white clothes and decorated with sandalwood and flowers.

"There can be some tokenistic symbolism at a crematorium but really it's just disposal of a body," Mr Bogan said.

So what are the objections to open-air cremations?

According to the AAFS, past opposition on health and environmental grounds no longer applies.

Mr Bogan said government tests after the 2001 foot-and-mouth outbreak and an AAFS-commissioned report found no harm to health or the environment from pyres.

The AAFS is proposing open-air cremations take place in designated sites in rural or semi-rural locations away from public areas.

Mr Bogan said Hindu cremations were only now becoming an issue as the immigrants of the 1960s and 1970s reached old age.

But he expects lawyers for Newcastle City Council and the government to portray the practices as "abhorrent".

"In the end this case could come down to the nebulous issue of whether this is seen as 'British' or not," he said.