Parsi lady married to Hindu gets relief in an age-old ritual

Thanks to Chief Justice Dipak Misra's peace initiative, a Parsi woman, Goolrokh Adi Contractor (46) and her sister, who have married outside the community, on Thursday secured the right to enter the fire temple in Valsad town in Gujarat and attend the last rites of their family members, including the ritual bath given to the deceased in the Tower of Silence.

The sisters got the relief breaking the Parsi age-old tradition, but the 5-judge Constitution Bench did not close the case as the Chief Justice said the larger issue of law remains open and that will be taken up from January 17. He was concerned whether a ban practised by the Parsi community can exist in violation of the fundamental rights.

NOT FOR ALL WOMEN: The Bench recorded the statement of the respondent, Valsad Parsi Anjuman Trust's senior counsel, and passed the interim order. When the court asked whether it can pass an order that now such women will be allowed to attend last prayers, the senior lawyer said he has taken instructions only from the Valsad Trust and there were several other trusts as well.

As per the tradition, a Parsi woman loses her religious identity after marriage outside the community and is consequently barred from visiting the 'Tower of Silence' in the event of death of her Parsi family members.

"This meets the present and immediate requirement," the bench said, praising the high priest and the senior advocate in resolving the issue. "With regard to the other rights raised by the petitioner, the hearing shall be next year. The rights claimed by the petitioner deserve to be decided in accordance with law," the order said.

Chief Justice Misra had last week asked senior advocate Gopal Subramanium to convince the Valsad Parsi Anjuman Trust to allow the two sisters in the temple and the Tower of Silence where a Parsi's body is laid to rest. "We got it straight from the high priest and not the trust members. In deference to this court’s suggestion (asking the trustees to reconsider the ban), which was made for a community that is diminishing, the high priest has agreed to let the petitioner attend all death ceremonies and also offer prayers," Subramanium told the constitution bench. Goolrokh's case is that her marriage was under the Special Marriage Act which gives her the right to practice her own religion and not disown it.