Can Britain accept funeral pyres? Pt 3 of 3

'Complex issues'

In 2006, Mr Ghai and the AAFS escaped prosecution after cremating the body of a 31-year-old Sikh man at a secret location in Stamfordham, Northumberland.

Northumbria Police raised no objections to the service at the time, but subsequently said it may have been illegal. The Crown Prosecution Service decided proceedings against Mr Ghai would not be in the public interest.

When Mr Ghai first lodged his application for a judicial review, opinion among the more than 500,000 Hindus in the UK was divided.

Since then, the influential UK Hindu Council organisation, as well as some Sikh temples, have backed him.

The Hindu Council recently stated it recognised that the "individual choice of those Hindus who follow the directives of Hindu scriptures and wish to have open air funerals, should be honoured".

As a "priority" it is also pressing for existing rules to be changed so that the "performance of a small fire ceremony in an open coffin" could take place at crematoriums.

However, some Hindus see the AAFS's approach as a backwards step.

Jay Lakhani, from Hindu Academy educational body said: "Hindu scriptures should be interpreted judiciously and teaching does allow interpretation in a modern way."

He said he could not understand why UK Hindus would want to dispose of bodies in an "antiquated" manner although he would not object to outdoor cremations taking place if legally permitted.

Newcastle City Council is not commenting ahead of Tuesday's case.

The government said it had no plans to change the law on cremations.

A Ministry of Justice spokesperson said: "There are inevitably competing views on the appropriate arrangements for disposing of bodies stemming from different views about religion, morals and decency.

"The current law requires that cremations must take place in a crematorium and open air funeral pyres are not allowed. The government considers that this requirement is justified, taking into account the complex social and political issues raised."

At his Gosforth council house, Mr Ghai has been preparing for the High Court hearing.

He has described the case as "provocative, least of all in a nation as notoriously squeamish towards death as our own".

"I fully respect that many Hindu-origin people will prefer the speed and convenience of crematoria but for practicing Hindus like me, receiving last rites is quite literally a matter of life and death," he said.

"Far beyond my own death, I hope my struggle will provide a legacy for those who would not be in a position to undertake such an enormous challenge."