Act of Parliament | |
Long title | An Act for the regulation of the burning of Human Remains, and to enable Burial Authorities to establish Crematoria. |
---|---|
Citation | 2 Edw. 7. c. 8 |
Territorial extent | England and Wales Scotland (Repealed) |
Dates | |
Royal assent | 22 July 1902 |
Commencement | 1 April 1903 |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Cremation Act 1902 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Cremation Act 1902 (2 Edw. 7. c. 8) is an Act of Parliament of the Parliament of the United Kingdom. The major purpose of the Act was to allow burial authorities to establish crematoria. Later revisions of the Act outlawed open air cremations using funeral pyres, although in 2010 the Court of Appeal ruled this practice to be legal under certain circumstances. [1]
In 1883, eccentric Welshman Dr William Price fathered a child with his housekeeper nearly sixty years his junior, a son named Iesu Grist (Jesus Christ) – who was born to him in his eighties. However, when his son died – aged five months, the heartbroken Price took the boyʼs body to a hilltop above Llantrisant on a Sunday. [2]
There in full view of the nearby chapel he attempted to cremate the body in paraffin. A furious crowd of locals dragged the body from the flames and nearly killed Price. Later, an autopsy was performed on Iesu's body by a local doctor who concluded that the child had died of natural causes and had not been murdered. Price was therefore not charged with infanticide but was instead tried in a Cardiff courtroom for performing cremation rather than a burial which the police believed to be illegal.[ citation needed ]
Price argued that while the law did not state that cremation was legal, it also did not state that it was illegal. The judge, Justice Stephen, agreed. Price was freed and returned to Llantrisant to find a crowd of supporters cheering for his victory. On 14 March, he was finally able to give his son a cremation involving his own personal druidic prayers. In 1885, the first official cremation took place at Woking Crematorium, and ten cremations are recorded as being performed in the following year. In 1892 a crematorium opened in Manchester followed by one in Glasgow in 1895 and one in Liverpool in 1896. The case's legal precedent together with the activities of the newly founded Cremation Society of Great Britain led to the Cremation Act 1902.[ citation needed ]
The Act deemed that any power to provide for and maintain burial grounds or cemeteries was to be considered to encompass crematoria. No crematorium built could be closer than fifty yards to any public highway, or in the consecrated area of a burial ground. It could not be built within two hundred yards of any dwelling house without the written consent of the owner, lessee and occupier, and the act was not to be interpreted to "authorise the burial authority or any person to create or permit a nuisance".
The Secretary of State was to create regulations for the maintenance and inspection of crematoria, the circumstances in which they could be used, and the creation of a register of such burnings. All statutory provisions relating to the use of burial registers as evidence were to apply to these registers.
Any breach of these regulations, or burning of human remains outside of the provisions of the Act, would be liable, on summary conviction, to a penalty of up to fifty pounds. Any person found guilty of wilfully making any false representations in order to procure the burning of human remains would be liable to imprisonment with or without hard labour for up to two years; and any person found guilty of attempting to conceal an offence by attempting to procure the burning of human remains would be liable to imprisonment with or without hard labour for up to five years.
The incumbent of a parish was not under any obligation to perform a funeral service for those dying in his parish who were to be cremated; but if he refused to do so, any cleric of the Established Church who was not otherwise disabled from doing so could perform the service at the request of the executor, the persons in charge of the cremation, or the burial authority, with permission from the bishop.
The Act applied to England and Wales, and Scotland, but not to Ireland. It came into effect on 1 April 1903. The Act has since been heavily amended, but remains in force.
Open air funeral pyres were made illegal in Britain by the 1930 issue of the Cremation Act. Prior to this but after the 1902 Act, open air cremations had occurred in limited numbers, including several Hindu and Sikh soldiers cremated in Brighton, having died after fighting for the British Empire in World War I. The last open air pyre was believed to have occurred in 1934, when the British Government gave special permission to Nepal's ambassador to cremate his wife outdoors in Surrey. [3] [4] [5] [6] [7]
In 2006, Davender Ghai, a British citizen and devout Hindu who had arrived from Kenya in 1958, launched a judicial review of the Act after Newcastle-upon-Tyne City Council refused him a permit to conduct open air cremations in Britain in accordance with Hindu religious practices, which require the burning of the body in a sacramental fire in order to secure the future reincarnation of the soul. [3] [4] [5] [6] [7]
Ghai, through his multi-faith Newcastle based charity the Anglo-Asian Friendship Society, had been campaigning for open air funerals for people of any faith, arguing there was significant demand from the increasingly aging British Hindu and Sikh communities who, due to the Act, often flew bodies of their relatives abroad for cremation. In July 2006, believing the law did not prohibit pyres, Ghai organised the open air cremation of Rajpal Mehat, an Indian-born Sikh illegal immigrant who was found drowned in a London canal. Subsequent delays in identification meant the body was not fit to be repatriated, and Mehat's relatives asked Ghai to organise the ceremony in accordance with their beliefs. The ceremony, held in a field in Northumberland, was Britain's first open air cremation since 1934. Informed prior to the ceremony, local police initially allowed it to take place, but then said it had been illegal. The Crown Prosecution Service agreed, but ruled a prosecution would not be in the public interest. Shortly afterwards, Ghai launched his judicial review to seek clarification of the law and the council's refusal under the Act. [3] [4] [5] [6] [7]
In the review, Ghai argued simultaneously that the act did not outlaw open air pyres if done under the principles of the act, i.e. in a properly authorised and private site and without causing public offence or nuisance, and that if it did, this was an infringement of the Human Rights Act 1998, under articles 8 and 9, specifying citizen's rights to religious freedom and a private and family life, respectively. The British Government, through the Department for Constitutional Affairs (which in 2007 became the Ministry of Justice), backed the council's decision and took an opposition stance during the review, on the basis that open air cremations would offend public decency; that the articles of the human rights were properly limited by the act due to the wider societal implications of pyres; and latterly, due to environmental concerns arising from the practice of burning materials such as mercury fillings. [3] [4] [5] [6] [7]
In seeking permission for his court challenge in 2007, the High Court ruled that "the burning of dead bodies in the open air is not necessarily unlawful" and allowed Ghai to proceed. In February 2010, the Court of Appeal ruled that, as long as open air pyres took place within a structure of some sort, that the practice would be legal under the existing act, although there were outstanding planning and environmental regulatory issues to be settled before pyres would actually be possible. [3] [4] [5] [6] [7]
A funeral is a ceremony connected with the final disposition of a corpse, such as a burial or cremation, with the attendant observances. Funerary customs comprise the complex of beliefs and practices used by a culture to remember and respect the dead, from interment, to various monuments, prayers, and rituals undertaken in their honour. Customs vary between cultures and religious groups. Funerals have both normative and legal components. Common secular motivations for funerals include mourning the deceased, celebrating their life, and offering support and sympathy to the bereaved; additionally, funerals may have religious aspects that are intended to help the soul of the deceased reach the afterlife, resurrection or reincarnation.
Cremation is a method of final disposition of a dead body through burning.
The London Necropolis Company (LNC), formally the London Necropolis & National Mausoleum Company until 1927, was a cemetery operator established by Act of Parliament in 1852 in reaction to the crisis caused by the closure of London's graveyards in 1851. The LNC intended to establish a single cemetery large enough to accommodate all of London's future burials in perpetuity. The company's founders recognised that the recently invented technology of the railway provided the ability to conduct burials far from populated areas, mitigating concerns over public health risks from living near burial sites. Accordingly, the company bought a large tract of land in Brookwood, Surrey, around 25 miles (40 km) from London, and converted a portion of it into Brookwood Cemetery. A dedicated railway line, the London Necropolis Railway, linked the new cemetery to the city.
A pyre, also known as a funeral pyre, is a structure, usually made of wood, for burning a body as part of a funeral rite or execution. As a form of cremation, a body is placed upon or under the pyre, which is then set on fire.
William Price was a Welsh physician and political activist best known for his support of Welsh nationalism, Chartism and involvement with the Neo-Druidic religious movement. Historians have characterised Price as one of the most significant figures in Wales in the Victorian era.
Antyesti literally means "last sacrifice" or "final auspicious ceremony", and refers to the funeral rites for the dead in Hinduism, which usually involves cremation of the body. This rite of passage is the last samskara in a series of traditional life cycle samskaras that start from conception in Hindu tradition. It is also referred to as Antima Samskara, Antya-kriya, Anvarohanyya, or as Vahni Samskara.
Cremation is a method used to dispose of the deceased in the Christian world despite historical opposition to the practice.
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Nigambodh Ghat is located on the banks of the Yamuna river coast in New Delhi, situated on the Ring Road, Delhi at the back of the historic Red Fort. It consists of a series of bathing and ceremonial stepped piers leading to the waters of the river. It is most known for being the oldest burning ghat in Delhi for performing Antyesti, Hindu funeral rites and also one of its busiest with 50–60 pyres burning every day. It also has an electric crematorium built in the 1950s and a CNG-run crematorium was added by the Municipal corporation with manages the cremation facilities in 2006.
A crematorium or crematory is a venue for the cremation of the dead. Modern crematoria contain at least one cremator, a purpose-built furnace. In some countries a crematorium can also be a venue for open-air cremation. In many countries, crematoria contain facilities for funeral ceremonies, such as a chapel. Some crematoria also incorporate a columbarium, a place for interring cremation ashes.
Eastern Suburbs Memorial Park, Eastern Suburbs Crematorium and Botany General Cemetery, is a cemetery and crematorium on Bunnerong Road in Matraville, New South Wales, in the eastern suburbs district of Sydney, Australia.
Blackley Cemetery is a large, municipal cemetery situated within the northern suburbs of the city of Manchester, and is owned, operated and maintained by Manchester City Council. The cemetery and crematorium complex is located on Victoria Avenue in the district of Blackley. It was opened in 1953 on land that was previously a golf course.
Cremation rates vary widely across the world. As of 2019, international statistics report that countries with large Buddhist and Hindu populations like Bhutan, Cambodia, Hong Kong, Japan, Myanmar, Nepal, Tibet, Sri Lanka, South Korea, Thailand and India have a cremation rate ranging from 80% to 99%, while Roman Catholic majority-countries like Italy, France, Ireland, Lithuania, Poland, Spain, and Portugal report much lower rates. Factors include both culture and religion; for example, the cremation rate in Muslim-, Eastern Orthodox–, Oriental Orthodox–, and Roman Catholic–majority countries is much lower due to religious sanctions on the practice of cremation, whereas for Hindu-, Jain-, and Buddhist-majority countries the cremation rate is much higher.
A shmashana is a Hindu crematory ground, where dead bodies are brought to be burnt on a pyre. It is usually located near a river or body of water on the outskirts of a village or town; as they are usually located near river ghats, they are also regionally called smashan ghats.
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Birmingham Crematorium is a crematorium in the Perry Barr district of Birmingham, England, designed by Frank Osborne and opened in 1903. A columbarium was added in 1928. The crematorium is now owned and operated by Dignity plc.
Thai royal funerals are elaborate events, organised as royal ceremonies akin to state funerals. They are held for deceased members of the royal family, and consist of numerous rituals which typically span several months to over a year. Featuring a mixture of Buddhist and animist beliefs, as well as Hindu symbolism, these rituals include the initial rites that take place after death, a lengthy period of lying-in-state, during which Buddhist ceremonies take place, and a final cremation ceremony. For the highest-ranking royalty, the cremation ceremonies are grand public spectacles, featuring the pageantry of large funeral processions and ornate purpose-built funeral pyres or temporary crematoria known as merumat or men. The practices date to at least the 17th century, during the time of the Ayutthaya Kingdom. Today, the cremation ceremonies are held in the royal field of Sanam Luang in the historic centre of Bangkok.
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The Cremation Society of Great Britain was founded in 1874 to promote the use of cremation as an alternative means of dealing with the bodies of the dead instead of burial which until then was the only option. Today the society is a registered charity and is not conducted for profit.