DR. ANPU DEEN
MUSCAT : This has reference to the statement made by Dr. Haritha Aluthge, editor of the GMOA, to the effect that the Prime Minister’s statement made in response to a question raised by an opposition MP in parliament that burial would be permitted was no law and that it should have stemmed from the recommendation of experts.
The Prime Minister stands next to the president in the hierarchy of the executive arm of the government and as far as Parliament is concerned, is the chief of the ministerial executives responsible to answer questions raised by members of Parliament. Any announcement made by Prime Minister in Parliament in response to such questions reflects the official position of the Government and can, in no way be attributed to the personal opinion of the Prime Minister as claimed by Minister Udaya Gammampila.
It is axiomatic that no utterances made by anyone – whether he be the President or Prime Minister become law. It was only in the case of monarchs of the by-gone-years that whatever commanded or uttered by such monarchs was considered immutable law. To state in public that the statement of the Prime Minister was not law which no one considered it so is belittling, ridiculing and making mockery of the office of Prime Minister.
It is a well known fact that the College of Community of Physicians in Sri Lanka, the expert panel chaired by Prof Jennifer Perera comprising largely Virologist besides microbiologists and immunologists and the Sri Lanka medical Association (SLMA), in addition to international health organizations including the topmost international health body, the WHO have all made it unequivocal that burial of remains of Covid-19 victims poses no health threat since Covid-19 virus does not spread through water.
This reality was officially affirmed by Dr. Sudarshini Fernandopulle, State Minister for Primary Health Care, Epidemics, and COVID Disease Control and Prevention in response to a question raised by an opposition MP on the question of danger by transmission of the virus via contaminated water in the vicinity of a particular quarantine center.
This response of the Minister given in Parliament is the clear official position of the Government that Covid-19 is not transmissible via water, to call a spade a spade, Covid-19 is not a water borne disease. The State Minister subsequently in response to questions posed by the media reiterated that it was not a water borne disease but an airborne one.
The only reason hitherto adduced by the government and health officials for the intransigent position that the only mode of disposal of corpses of Covid-19 victims was nothing but cremation was that the virus could transmit itself through water when such bodies are buried.
Since the Government through the said State Minister declared in parliament its official position that it is not a communicable disease transmitted through water there exists no requirement or justification to outlaw the burial of cadavers of Covid-19 victims.
Section 2 read with section 3 of the quarantine and prevention of diseases Ordinance empowers the Health Minister to promulgate regulations for the prevention of spread of diseases. Regulation No. 61A contained in the extraordinary gazette No. 2170/8 dated 11/04/2020 was issued by the Health Minister on the basis that burial of remains of Covid-19 victims would cause transmission of virus through water. Now that the government has officially accepted that it will not spread through water the regulation No. 61A is, in effect rendered nugatory.
Therefore, the announcement by the Prime Minister that burial would be permitted is in line with the relevant law. People through the constitution vested their sovereign power in the different Organs of Government in order for them to be exercised in trust for the people. Any power vested as such when exercised outside the purpose thereof is an infringement on the sovereignty of the People.
It can therefore be concluded that the Hon. Prime Minister, being a mature politician and the first in line of the Executive arm in parliament by the said announcement has acted in the full sprit of the constitution being mindful of the duties and the responsibilities of the Government. Any reference made by anyone to ridicule the lawful discharge of the duties of the Government by the Prime Minister is an affront to the constitution and to the sovereignty of the People.
In the light of the above facts it becomes clear that it is incumbent upon the Health Minister to rescind regulation number 61A to permit burial of remains of Covid-19 victims in order to protect the rights of the people (as enshrined in article 10 and in article 14(e) beside article 12 in this regards).
