LONDON // A Hindu pensioner launched a legal bid yesterday to overturn a ban on the burning of bodies in the open air in the United Kingdom.
The action at the High Court in London could, if successful, be used as precedent, allowing Hindus to follow their religious practice of holding an open-air funeral pyre anywhere in England and Wales.
At present, the only recourse for many Hindus in Britain is to have their bodies flown back to India for public cremation.
The case, scheduled to last three days, is being brought by Davender Ghai, 70, a devout Hindu who is bringing the test case against the Newcastle city council.
Council lawyers will argue that open-air cremations are banned in law, a situation that the ministry of justice supports on legal, health and environmental grounds.
However, Mr Ghai, who has the backing of many Hindu and Sikh organisations throughout the country, insists that the process is essential to free the soul after death and his legal team argued yesterday that the 1902 Cremation Act did not specifically outlaw outdoor religious cremations.
If it did, his lawyers added, then it was incompatible with the European Convention on Human Rights because it discriminated against Mr Ghai's right to protection for his private life and religious and cultural beliefs.
Andrew Singh Bogan, Mr Ghai's lawyer, said a successful challenge would "create a precedent for all local authorities to grant open air funeral pyres if there was demand in their area".
Hindus have been carrying out such cremations for more than 4,000 years, but similar ceremonies are not feasible in existing British crematoriums, where bodies are burnt in large ovens.
In 2006, city councillors in Newcastle-upon-Tyne refused Mr Ghai permission to establish an open-air site for cremations, citing the 1902 act.
Mr Ghai, who originally came to Britain from Kenya and who is the founder of the Anglo-Asian Friendship Society, subsequently organised the cremation of a fellow Hindu in a field just outside the city.
Police investigated and said the service was probably illegal but the Crown Prosecution Service decided not to prosecute anyone on the grounds that it would not be in the public interest.
Mr Ghai said before the hearing, known as a judicial review, that he was seeking to "clarify and enforce the law, not disrespect it".
He added: "As a Hindu, I believe my soul should be liberated in consecrated fire, 'agni', after death - a sacramental rebirth, like the mythical phoenix arising from the flames anew.
"I will not deny my claim is provocative, least of all in a nation as notoriously squeamish towards death as our own. However, I honestly do not believe natural cremation grounds would offend public decency, as long as they were discreet, designated sites far from urban and residential areas."
Mr Ghai said he believed that his soul was in jeopardy because of the ban. "I have lived my entire life by the Hindu scriptures and they have inspired me to charitably serve this country for over 30 years. In the frailty of my twilight, I now yearn to die by them.
"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."
Mr Ghai said local councils provided separate cemeteries for Jews and Muslims, which accommodated almost instant burials. "Hindus should cremate before the following sunset too and yet we, along with the general public, wait for up to a week," he said.
The Newcastle city council would not comment on the case yesterday because of the High Court action, but Mr Bogan said he expected the authority's lawyers to argue that open-air cremations were "abhorrent" to the bulk of the population.
"In the end, this case could come down to the nebulous issue of whether this is seen as 'British' or not," he said.
A spokesman at the ministry of justice 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."
Opinion over the open-air pyres has been divided among the 500,000-plus Hindus in Britain but, recently, the UK Hindu Council has backed Mr Ghai saying that the "individual choice of those Hindus who follow the directives of Hindu scriptures and wish to have open air funerals, should be honoured".
dsapsted@thenational.ae
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Where to stay: Courtyard by Marriott Titusville Kennedy Space Centre has unparalleled views of the Indian River. Alligators can be spotted from hotel room balconies, as can several rocket launch sites. The hotel also boasts cool space-themed decor.
When to go: Florida is best experienced during the winter months, from November to May, before the humidity kicks in.
How to get there: Emirates currently flies from Dubai to Orlando five times a week.
UPI facts
More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions
The biog
Hometown: Cairo
Age: 37
Favourite TV series: The Handmaid’s Tale, Black Mirror
Favourite anime series: Death Note, One Piece and Hellsing
Favourite book: Designing Brand Identity, Fifth Edition
The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
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Formula Middle East Calendar (Formula Regional and Formula 4)
Round 1: January 17-19, Yas Marina Circuit – Abu Dhabi
Round 2: January 22-23, Yas Marina Circuit – Abu Dhabi
Round 3: February 7-9, Dubai Autodrome – Dubai
Round 4: February 14-16, Yas Marina Circuit – Abu Dhabi
Round 5: February 25-27, Jeddah Corniche Circuit – Saudi Arabia
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
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Dolittle
Director: Stephen Gaghan
Stars: Robert Downey Jr, Michael Sheen
One-and-a-half out of five stars
Paatal Lok season two
Directors: Avinash Arun, Prosit Roy
Stars: Jaideep Ahlawat, Ishwak Singh, Lc Sekhose, Merenla Imsong
Rating: 4.5/5
The specs
Engine: 1.5-litre 4-cylinder petrol
Power: 154bhp
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Transmission: 7-speed automatic with 8-speed sports option
Price: From Dh79,600
On sale: Now
DEADPOOL & WOLVERINE
Starring: Ryan Reynolds, Hugh Jackman, Emma Corrin
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How to avoid crypto fraud
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The story of Edge
Sheikh Mohamed bin Zayed, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the Armed Forces, established Edge in 2019.
It brought together 25 state-owned and independent companies specialising in weapons systems, cyber protection and electronic warfare.
Edge has an annual revenue of $5 billion and employs more than 12,000 people.
Some of the companies include Nimr, a maker of armoured vehicles, Caracal, which manufactures guns and ammunitions company, Lahab