Sanjeev Sharma acts for Davender Ghai over cremation rights
Who? Sanjeev Sharma, 31, immigration, asylum and human rights partner at Birmingham firm JM Wilson Solicitors.
Why is he in the news? He won the right for Davender Ghai, 71, to be cremated on a funeral pyre that, in accordance with his religious beliefs, is open to the sky.
Hindu spiritual healer Ghai believes that he must be cremated in such a way so as to release his spirit into the afterlife. Permission was refused by Newcastle City Council because existing regulations only apply to crematoria powered by gas or electricity. There were also concerns about air pollution.
Ghai challenged the council’s decision in the London High Court in May 2009, but lost. He then took the case to the Court of Appeal, which ruled in his favour, noting that Ghai would consent to be cremated inside a building – as the Cremation Act 1902 requires – if the building had an opening in the roof to allow the sun to touch his body.
Thoughts on the case: ‘The Christian, Muslim and Jewish communities all have their own designated cemeteries. The Court of Appeal has now ruled that Hindus and Sikhs can also follow their religious custom and be cremated on a funeral pyre that is open to the sky so that the sun has access to the body. The court sensibly steered clear of controversial points regarding religion. The ruling was a compromise based around defining what constituted a building. A building with a hole in the roof, the court decided, still fell within the definition of crematoria under the Cremation Act 1902.’
Dealing with the media: ‘The media has been supportive throughout the case, making the public aware of the proceedings and accurately reporting developments.’
Why become a lawyer? ‘I’ve always had an interest in the law and wanted to put this to good use by helping others.’
Career high: ‘I had conduct of the House of Lords case EM (Lebanon), which involved a mother and son fighting to remain in the UK. The look on their faces when I told them we had won was truly a high point. However, as the decision in the funeral pyre case potentially affects so many people, this is also a significant high point for me.’
Career low: ‘Having to sit the Legal Services Commission immigration accreditation exams every few years to prove I can still do the job.’
