SC allows a Parsi woman married outside community to attend the last rites of her father
December 15, 2017A five-judge bench of the Supreme Court headed by CJI Dipak Misra on Thursday permitted Goolrokh Gupta, a Zoroastrian Parsi woman, to attend and participate in the last rites of her father, despite being married to a non- Parsi. The court passed the order after getting a nod from the ‘Valsad Parsi Trust’ permitting the woman to attend the ‘Tower of Silence’ of her father.
The present petition was filed by Goolrook Gupta, a Parsi woman who has married a Hindu under the Special Marriage Act, 1954. She filed a petition in the Gujrat High Court in 2012 seeking to challenge the validity of the common law doctrine of merger of religion. She contended that even after her marriage she continued to practice her religion and should be permitted to enjoy the privileges of the Zoroastrian Parsi religion. However, the High court rejected her petition. Hence, a special leave petition was filed in the Supreme Court.
The apex court on December 7 passed an order stating that no Indian Law provides that a woman is required to change her religion after marriage. The court also asked the ‘Valsad Parsi Trust’ to inform it whether the woman could attend the last rites of her father. After getting a positive response from the trust, the court has passed the present order.
Senior Advocate Indira Jaising representing the petitioner told the court that there are two rights of the petitioner involved in this case. Firstly, whether she could be permitted to attend the tower of silence of the father and secondly whether she will be allowed to practice her Paris religion even after getting married to a man of another religion.
The Supreme court stated that the said order will also be applicable to Goolrookh Gupta’s sister who too has married a non Parsi. The court will be deciding next month on the issue of whether both the women could be allowed to pray in the Parsi fire temple or not.