Science, prejudice and confused society

Justice is achieved only when injustice is absent – Pic by Shehan Gunasekara

A Muslim funeral is the simplest form of a dignified send-off of the loved one. It does not involve a myriad of complicated and elaborate rituals, traditions, embalming of the body, retaining the corpse for several days and superstitious practices. Between cremation and burial, the bottom line is simple and clear. 

Is there authenticated and accepted scientific evidence that burial is safe? If yes, then permit burial. And, if there will be a problem, find a safe win-win solution. Like use of disinfectants, multiple sealed body bags, sealed coffin, deep grave, etc. The law should not be allowed to be corrupted by prejudice and misguided sentimentality.

Not all sins in religion are crimes in law. As Saint Paul has reportedly said that the greatest of the theological virtues is charity. Therefore, not giving charity is a sin; yet not giving charity is not an offense at law. Interestingly, burial of the dead is a virtue of the Muslims and not following it is a sin but not a crime at law. By amending the Regulations to the Quarantine and Prevention of Disease Ordinance No. 3 of 1897, burial of a COVID-19 victim has been made a crime. 

The proposition that the law was amended due to a public health reason is a valid and reasonable argument. At the same time, it must be recognised that the purpose of government is precisely to secure individuals in their rights to life, liberty, and property. In the absence of such security men are reduced to a primitive life of fear and self-defence. 

There is no doubt that for the common good of everyone certain compromises are ineluctable. The Muslims would wholeheartedly and unequivocally endorse anything that is of benefit to the country and its citizens. They would never agitate but would willingly cooperate and support. Justice is achieved only when injustice is absent.

Miscall and confusion

Just like the others, the Muslims too were exercising the fundamental rights granted to all citizens. Recently, a part of one such right had been denied namely the right to religious practice, more specifically, the right to bury their dead according to their religious teachings. When they are discussing with the authorities to reinstate this constitutional right various, meaningless allegations are being made against the Muslims. Even to the extent of calling them ‘extremists’.

Is it not laughable that the Muslims are being called extremists for ‘upholding and defending the Constitution and the law’ that belongs to everyone? It is difficult to understand why the duty ‘to respect the rights and freedoms of others’ obligated by Article 28 (e) of the constitution is violated by a section of the people. Why the wrong and misguided campaign against Muslims on the basis that they want a separate law, when they are in fact, protecting the law that belongs to all? Should not the others think that they also should support this cause to uphold and defend the Constitution? 

Many people who are not Muslims and who prefer a burial for their dead are happy that the Muslims are discussing this matter with the Government. Unfortunately, it seems that our greater society is in a state of confusion not knowing what to do or what not to do. The silence of the intellectuals, academicians, civil society organisations is increasingly becoming questionable.

The purpose of government is to ensure that all the citizens are secured their rights to life, liberty, and property. To permit a section of the people (‘heta nama lakshaya’) who claim to have voted the Government into power to monopolise Government and governance is absolutely contrary to democracy and democratic principles. 

 Science, beyond doubt

This column deliberately is leaving out debating on the intricate subjects of epidemiology, virology, molecular genetics, ground water hydrology, pedology (soil science) and the potency and propensities of one or more of these disciplines in the replication and proliferation of the virus. Reason for this is because there is sufficient scientific evidence in fact, proving beyond reasonable doubt that burial is a safe mode of disposal of COVID-19 cadavers. The hundreds of thousands of burials all over the world by itself stands as undeniably clear evidence, even by empirical standards. 

From a physical geography perspective burial of COVID-19 corpses takes place, even today, in varying climatic conditions and in different geographies (soil, water tables, population density, etc.) and whatever else that can be factored in to the equation. From a medical science angle data driven scientific evidence on frequency, patterns and determinants of the virus has been immaculately scrutinised by medical scientists of 

the world. 

The structure, classification and evolution of COVID-19 and the ways it infects, exploits host cells for reproduction, the destruction of the virus or limiting the damage it can cause are all information that has been vigorously researched and available.

Several reputed health related institutions of the world and countries in which the health sector is highly advanced have no issue with the burial of COVID-19 deceased. 

The World Health Organisation which is the world’s topmost health authority functioning as an important organ of the United Nations also, has no problem with burial of such corpses. The World Health Organization’s guidelines for the safe management of a dead body in the context of COVID-19 allows for either burials or cremations.

Prejudice

The pathetic side of this debate is that the ‘heta nama lakshaya’ has never focused on defending the Constitution but busy bashing the Muslims. The types of questions asked betrays intelligence. To highlight some:

1. If Muslims are allowed to bury, will the Sinhala Buddhists also allowed to bury?

2. If Muslims are allowed to bury, will the Sinhala Buddhists be allowed to perform the pansakula and other rituals for their dead?

3. The question is asked, ‘Why are the Muslims asking for a separate law to bury their dead?’

Brief answers to these are: (1) Burial is governed by the Regulations for the Quarantine Ordinance. This Ordinance is applicable for all Sri Lankans. If it is allowed for Muslims it is obvious it is allowed for everyone. (2) The Muslims and those who ask for burial are not asking the right to perform funeral rituals. They do not want to do so because of the pandemic situation. (3) Muslims are not asking for a separate law. Before the pandemic, Muslims and some others buried their dead, even some Buddhists did. The new Regulations deprived them of a practice that had been followed for thousands of years. Give us back what you took away from us, say the Muslims and others who prefer a burial!

Buddha’s words

It is unreasonable to accuse the Muslims as demanding a separate law on burial. They are only asking what they had and which was taken away from them. To ask for something that they had and then taken away from them cannot be extremism. The Muslims neither want any special treatment nor are they asking for anything new.  To those who are denying us our religious burial, I say, “Bless us with the Buddha’s words, Sabbe sattā sukhi hontu – May all beings be happy.” 

Take away rancour from the hearts. Shun hostility, hatred, spite and vengefulness from the mind. Death is common to everyone. “Mors certa hora incerta” – “Death is certain, the hour is uncertain”. The deeply hurt feelings of the people whose loved ones were cremated against their wishes will certainly boomerang. At the time you die, impelled by these ignorance and craving, the stream of consciousness which flows from life to life will serve you negatively. These can be unwholesome thoughts that dilute the purity of the mind and your samsaric journey.

[The writer, LL. B (Hons.) (U.K), Attorney at Law, is a former Advisor to the former Presidential Private Department of UAE.]