Parsi Woman who married a Non-Parsi man is also entitled to enter into the tower of silence

Barathkumar K M | Sastra Deemed to be University Thanjavur | 6th July 2020

Goolrokh Gupta Vs Burjor Pardiwala

Facts:

The petitioner was a Parsi woman; she was married to a Hindu man. According to Parisis, a woman who gets married to a Non-Parsi man is not allowed to enter the sacred fire temple and the tower of silence. Even that woman was not allowed to participate in any religious ceremonies. But if a Parsi man married a Non-Parsi woman, he was entitled to enter into the tower of silence and he is also entitled to attend religious ceremonies. The petitioner’s parents were passed away, the Parsis refused to allow the petitioner inside the tower of silence because she was married to a Hindu. The Petitioner filed a writ petition in the Supreme Court to quash these practices because this practice violates Article 25 of the Constitution. 

Issue:

1. Whether this case violates Article 25 of the Constitution

Legal Provision:

Article 25 of the Constitution

Petitioner’s contention:

The petitioner contended that if a Parsi woman married a Non-Parsi man, she was not allowed to enter into the tower of silence. This practice violates Art. 25 of the Indian Constitution, every man and woman have the right to follow any practices and they are entitled to marry anybody. This practice followed by the Parsis violates Article 25 of the Indian Constitution.

Respondent’s contention:

The respondent contended that these practices are followed from ancient times. If these practices were prohibited, it violates the customs and rituals of the Parsis. 

Observation:

It was observed that every person has the right to marry any person and they have the right to practice any religion under the Indian Constitution. Even though a Parsi man married a Parsi woman, he was allowed to enter into the tower of silence and was allowed to participate in the religious ceremonies but these rights were prohibited for the women. It violates Article 14 and 25 of the Indian Constitution. 

Judgment:                   

The Hon’ble Supreme Court held that the prohibition of the women to enter into the silence of tower if she married a Non-Parsis violates Article 14 and 25 of the Indian Constitution. Further, the Hon’ble Supreme Court held that hereafter the women who are married to a Non-Parsi man are also entitled to enter into the silence of tower.