Parsi Woman Claims Religious Ostracisation for Marrying Non-Parsi; SC Seeks Centre's Reply

The Supreme Court has issued discover to Centre on plea by a Mumbai-based seven-year-old boy and his Parsi mom difficult the social and non secular ostracization owing solely to components of lineage, ethnicity and race consequential to the truth that lady married a non-Parsi.

A bench comprising justices S. Abdul Nazeer and Krishna Murari sought a response from the Centre on a joint petition by the mom and son.

The plea argued that Parsis are a race and ethnic group and ostracization of a Parsi Zoroastrian and her offspring on the grounds of her marriage to a person of a special lineage, race or faith is opposite to fundamental human rights and the basic rights assured by the Constitution.

During the arguments on the matter, the bench noticed that contentions raised within the plea had been already lined in a reference made to a bigger bench following the Sabarimala judgement.

The plea mentioned girls must be free to train the private alternative with out having to face the consequence of being ostracized from the society, group and faith she was born into. “This Petition pertains to the latter problem and asserts the fitting of a lady to belong to the group and faith into which she was born regardless of who she marries”, added the plea.

After hearing arguments in the matter, the top court agreed to examine the plea.

The plea claimed that a section of the Parsi community believes that they are racially superior being of Aryan descent and insists that intermarriage with other races “dilutes” and “contaminates” their ethnicity.

The plea contended that petitioner’s vital rights under Article 14, 15, 19(1)(a) and 21 of the Constitution are threatened and her rights to practice and profess the religion of her birth, faith and choice after marriage with a non-Parsi even under the Special Marriage Act 1954 as a consequence of marriage of a Parsi Zoroastrian woman with a man of any other community or religion stand vitally affected.

“Thus, ex-communication of women is considered to be the price to be paid for intermarriage”, it added.

However, the identical therapy is just not meted out to Parsi males marrying a non-Parsi and their offspring from inter-marriages, the plea added.

The petitioners urged the highest court docket to problem route to declaring the apply of excommunicating Parsi Zoroastrian girls for marrying non-Parsi males as being discriminatory and unconstitutional.

The plea additionally requested the apex court docket to strike down judgement of the Bombay High Court handed in 1908, which had held kids of intermarried Parsi Zoroastrian males to be inside the that means of Parsis, whereas denying the identical ‘status’ to the youngsters of intermarried Parsi Zoroastrian girls.

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