The Apex Court, while hearing a plea for safeguarding the rights of Parsi women, issued a notice and orally remarked that the issues raised had been covered in the Sabrimala judgment.
The instant petition challenged the ostracisation of Parsi women, a practice which excommunicates Parsi Zoroastrian women and their offspring who marry non-Parsi men. The petition sought for declaring such practice which out rightly favors discrimination solely on the basis of marriage, unconstitutional.
The petitioner submitted that a woman has a right to belong to a particular community and religion in which she takes birth, irrespective of whom she gets married to. The counsel urged the bench to issue a notice as it could not appear before a nine-judge bench, similar to Sabrimala judgment, as the pleadings did not conclude.
The court made oral remarks and stated that the raised issues have been addressed in the Sabrimala verdict. It further stated that even if the issues have not been covered, the verdict would have a direct bearing on the instant case.
Meaning thereby, the Sabrimala verdict made it clear that any personal law which seems to be violative of Article 14 of the Constitution of India, would be examined under its shadow.
Upon a question being raised by the bench, whether there any difference between Parsi and Zoroastrian, the counsel explained the difference by stating that the former is a race, while latter is a religion. It also emphasized that the two terms could not be used interchangeably.
The counsel further submitted that there have been numerous issues pertaining to the gender rights, under Parsi law, and being directly hit by Article 15, it referred to the biased treatment solely because of different race, and thus urged before the bench to be heard.
As of now, the bench has asked to refer to the Sabrimala judgement.
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