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What Mr Ghai was proposing did not comply with the law which was there to protect "decorum and decency", Jonathan Swift, for the Ministry, told the appeal judges.
But passing judgement, the Master of the Rolls, Lord Neuberger, said: "Contrary to what everyone seems to have assumed, and I am not saying it is anyone's fault, it seems to us that Mr Ghai's religious and personal beliefs as to how his remains should be cremated once he dies can be accommodated within current cremation legislation." The appeal judges said that the aims of the Cremation Act were to ensure that cremations were subject to uniform rules throughout the country and carried out in buildings which were appropriately equipped and away from homes or roads.
Indian dance was popularized in the West by dancer and choreographer Carnatic (southern) schools.
(The Hindustani style is influenced by musical traditions of the Persian-speaking world.) Instrumental and vocal music is also quite varied and frequently is played or sung in concert (usually by small ensembles).
Lord Neuberger said the court had been shown pictures of premises used to cremate Hindus which are "buildings" with the Cremation Act.
This is an increase from the 2001 Census, which showed there were about 471,000 Hindus living in Britain.He said: “This case was truly a matter of life and death for me and today's verdict has breathed new life into an old man's dreams." “I am overwhelmed by the general public's sympathy and also the number of landowners who have offered land to accommodate my natural cremation." A spokesman for Newcastle City Council said that whilst the Appeal Court’s ruling sided with Mr Ghai, it had not considered the “difficulties which may be thrown up by planning and public health legislation should an application be submitted”.He said burning remains on a wood fire in a traditional pyre is not covered by any regulations, which currently only apply to cremators powered by gas or electricity and which are designed to maintain environmental standards, in particular air quality.Mr Ghai argued in court that the funeral pyre would have to be of wood and be open to the sky but the site could be surrounded by walls and the pyre covered with a roof which had an opening.The Ministry of Justice had opposed the case, arguing that the law stipulated that cremations must be within a building which in this case meant a structure bounded by walls with a roof.