The Supreme Court on Thursday agreed to examine an appeal of whether a Parsi woman could retain her religion after marrying a man of a different religion. Parsis are very strict when it comes to preserving their bloodline, as their girls stand to lose if they dare to marry outside the community. They lose a home in a Parsi baug, can never enter an agiary, and neither she nor her children can avail benefits of Parsi trust funds.
In March 2012, Gujarat High Court had held that a woman born a Parsi, by contracting civil marriage with a non-Parsi under the Special Marriage Act, would cease to be a Parsi. It was also held that she would be deemed to have acquired the religious status of her husband unless a declaration is made by a court for the continuation of her Parsi status.
A bench headed by Justice Dipak Misra observed that the issue actually dealt with the aspect of "religious identity" of a woman. "Presently it is about religious identity, as before marriage you are a Parsi and after marrying a Hindu man, you say you cannot be deprived of your identity by virtue of your birth and identity by religion," the bench said. It observed and fixed the matter for hearing in the first week of August.
The counsel appearing for the petitioner said the issue, that required consideration was whether a woman, after her marriage, is deemed to have acquired the religion of her husband.
The petitioner, a woman born a Parsi, had approached the High Court contending that even after her marriage to a Hindu man, she has continued to follow the Zoroastrian religion and thus has the right to enjoy all privileges under the religion. She has contended that male Parsi Zoroastrians continue to enjoy all rights, as have been made available to them, even if they are married to a non-Parsi Zoroastrian woman.
PLIGHT OF PARSIS
- A 2011 census highlighted that the Parsi population has declined to 57,264, an approximate 18 per cent drop from 69,601 in 2001.
- The government has come out with a 'Jiyo Parsi' scheme to stem the population decline. Many believe that Parsis have brought this upon themselves with their own rigid rules.
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