Parsi women married outside can enter fire temple, says SC

New Delhi: The Supreme Court on Thursday paved the way for a Parsi woman married to a Hindu to break the tradition and enter the Tower of Silence whenever the funeral prayers of her aged parents are performed.

The woman had married a Hindu under the Special Marriage Act in 1991 and subsequently she was denied entry into the Parsi temple of fire and was not allowed to participate in other rituals. Under the Parsi law, she was also denied the right to visit the Tower of Silence in the event of her father’s death to perform last rites.

A five judge Constitution Bench of Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachud and Ashok Bhushan recorded the undertaking of Parsi Anjuman Trust and the Priest in Valsad in Mumbai that it would allow the petitioner Goolrokh M. Gupta and her sister, who are married to Hindu men, to enter fire temple or “tower of silence”. The court is examining the validity of Parsi Marriage and Divorce Act that follows a jury system to decide matrimonial dispute.

Senior advocate Gopal Subramanium and Percy Ghandy, appearing for the Trust, told the Bench said that there would be no hindrance in women entering the fire temple managed by the Trust, to attend funeral prayer.

Ms Goolrokh moved the top court in an appeal against the Gujarat High Court order that has affirmed the Trust’s decision not to let Parsi women enter the tower of silence. Concerned about the advanced age of her parents, both of whom are 84, Goolrokh wanted to enter the tower of silence to perform parents’ last rite in the event of their death. The Parsi panchayat at Valsad had earlier denied permission to Parsi women married outside the community to attend last rites for deceased in tower of silence.

In a memo submitted in the court today, the Trust said without prejudice to the rights and contentions, it is agreed to permit the petitioner to attend the funeral prayers of her parents performed inside the prayer hall of the Tower of Silence complex at Valsad. The petitioner will also be entitled to attend the four days death ceremonies of her parents’ insider the Tower of silence. Further in the event of the petitioner being unable to arrange for the Priests to perform the ceremonies, the Trust will arrange for the priests and petitioner’s children may attend the funeral of their grandparents.