19 June 2012

This is the law!

I was surprised to hear that when mum passes we cannot go home and make a temporary altar for her at home to shelter her spirit. brother went to ask the governing committee of our apartment, and they said their regulation is such.

But I have not seen such regulation. Legal studies has taught me not to believe in anything you have not yourself scrutinised.

Most basic of all, a ban on having any altar placed in one's private home violates common sense. Why can you not do something in the privacy of your own home? As a policeman I inquired said, if you want to turn your home into a garbage dump you can! Even the police need a warrant to come and search, so how can a self-appointed "committee" have such far reaching powers? "They're inflating their own powers! Put it crudely, will those people not have people die in their homes?"

And according to the law, there is no such law! I called the city government's funeral services department, and the lady on the phone said if there is such a regulation adopted by the governing committee, it is preposterous. She was even more worked up than I was, and I was pretty upset. She even told me to go back to the committee and tone it down and explain to them that there is no such law prohibiting the establishment of an altar in the privacy of one's own home.

I wanted to verify, and also get even more support when I come to speak to the committee about this issue again, so I headed to the police station and sought advice. Two policemen were extremely kind and helpful. There is such a thing (just as I suspected...) as customs and rituals which must be respected no matter what. The law does not operate in a vacuum, and I have faith in the legal system in this country to be fair and just. The police confirmed my thoughts about the law being applied with due regard to the specific circumstances and context of the local customs. Any regulation, even if promulgated by the national legislature, let alone a puny "governing committee" of some apartment building, which contradicts a long standing custom or tradition that is not too obscene or contrary to modern day standards, can be struck down and declared void by the court.

The policeman said we don't need to go that far as to go to court, for emphasised that the law is on our side. Why can one not return to one's own home even after you have passed away? What pompous powers have the "governing committee" granted themselves that the government does not even dare to do--ie regulate and interfere with one's right to worship the deceased or follow one's religious or customary beliefs? "Don't care too much about they said. You just go ahead with you plans, and if there's anything, just call us!" one policeman said as he proceeded to write down the number of a direct line. As long as any noise we create does not result in a constant nuisance, the building's "governing committee" or neighbours who should complain cannot do anything to stop us from practising a long-standing customary rite to pay respects to one's deceased. "And if they do complain, we'll just come and the most we'll  do is issue a written notice. We won't do anything against your right to worship!"

Reassured, I went back home and spoke to the building manager. I was polite and spoke in Taiwanese to give that sense of familiarity and comradery. Initially he told me what he told my brother last week: that the building committee decided not to allow such private altars be placed in the building. His explanation was that people would complain if too many friends or relatives came to pay respects, as it would disturb the peace. I smiled and turned the comment he made back at him. "Isn't it strange that when someone is still alive it would be ok to invite a bunch of people over, and yet to have people when someone is no longer living would be a problem?" He had nothing to respond to that, and proceeded to call one of the members of this "governing committee".

A lady came down, and I explained what we wanted to do. "We just want to take mum home after she passes. All we want is to erect a little altar to direct her spirit home." That really is all we want. No fanfare, no grand ceremony, we do not even plan to take the body home (as some do do...) and keep it at home until the day of the funeral. We won't be in anyone's way.

Bizarrely, the lady relented and said it would be not a problem-- which was not what I was expecting after what was said to my brother last week. I had rehearsed all I had learned from the call to the city government and from what I learned  at the police station. I was ready to cite constitutional rights to privacy and how certain regulations can be voided if they contradict  long standing customs and rites. But it was not necessary. The battle was won even before it began.

Delighted, I told brother the great news. News that saves us a lot of worry and also a lot of time and money needed to look for an alternative place for mum's altar when she passes away...








No comments: