A Parsi woman on Tuesday questioned a decision of the Valsad Parsi Panchayat that bars women who marry men of another faith from attending funeral rites of their parents. She also challenged a Gujarat High Court judgment stating that a woman's religion is extinguished upon marriage as she embraces her husband's religion.
Arguments Before the Supreme Court
Appearing for Goolrokh M Gupta, senior advocate Darius J Khambata told a nine-judge bench led by Chief Justice Surya Kant that most Parsi Panchayats impose no restrictions on community women even if they marry outside the Zoroastrian faith. However, the Valsad Parsi Panchayat had imposed restrictions that do not apply to Parsi men marrying women of another religion.
Discrimination Alleged
Khambata argued that the woman continued to practice Zoroastrianism for all purposes even after marrying a Hindu man under the Special Marriage Act. He questioned how she could be deprived of or discriminated against from entering a place of worship. He emphasized that the Parsi Panchayat is an administrative body, not a religious denomination that can create practices not prescribed in religion, especially when they are not applicable to men from the community.
Justice Nagarathna remarked, 'It appears to be a discrimination on the grounds of marriage.'
Ramifications on Anti-Conversion Laws
Khambata further noted that the High Court ruling would have serious ramifications on anti-conversion laws, as it held that marriage means a woman automatically converts to her husband's religion. The Supreme Court is expected to examine the constitutional validity of such practices and their impact on fundamental rights.
