R (Ghai) v Newcastle City Council [2010] EWCA Civ 59

The Court of Appeal's decision in R (on the application of Ghai) v Newcastle City Council is the leading English authority on whether a Hindu open-air pyre cremation can lawfully take place in England and Wales. Davender Ghai brought the claim against Newcastle City Council seeking judicial review of its refusal to allow a traditional Hindu pyre on land made available to him. The Court of Appeal allowed the appeal, holding that pyre cremation could in principle be lawful under the Cremation Act 1902 and Cremation (England and Wales) Regulations 2008 if it took place within a structure that counted as a "building" — for example, a roofed structure with one or more open sides through which natural light could enter. [source: find-case-law/ghai-v-newcastle-2026-05-02.html]

The judgment did not, however, create a widely available open-pyre system in England and Wales. In practice, almost all Hindu cremations in the UK take place in standard crematoria, with the chief mourner's traditional pyre-lighting role adapted into the symbolic act at the cremator. A dedicated Hindu crematorium project in Denham — the Aum Crematorium, led by the Anoopam Mission — has been progressing through planning and permissions; the practical position may continue to change.

For families who want a fully traditional pyre cremation today, the realistic alternative remains repatriation to India.

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Last verified: 2 May 2026 against the Find Case Law transcript at caselaw.nationalarchives.gov.uk/ewca/civ/2010/59.