Parsi women married outside community can perform last rites in Tower of Silence, SC told

The Valsad Parsi panchayat has decided that it would permit Parsi woman married outside the community to attend the last rites of the deceased in the Tower of Silence. The decision was informed to the Supreme Court by senior advocate, Gopal Subramanium.

The Parsi panchayat had earlier refused permission to Parsi women married outside the community to attend the last rites of a deceased at the Tower of Silence. The court had asked Gopal Subramanium to impress upon the community to take a progressive stand on the matter. He told the court that the head priest of the community was consulted before the decision was taken.

On the last date of hearing the court had held that a woman's religion does not merge with that of her husbands after marriage. The Bench headed by Chief Justice of India, Dipak Misra observed that it was arbitrary that a Parsi man marrying outside the community was not barred from entering the Tower of Silence, but a woman was.

The court also requested the Valsad Zoroastrian Trust to allow a Parsi woman to enter the Tower of Silence to perform the last rites of her parents. Goolrokh Gupta was barred from entering the Tower of Silence by the trust as she had married a Hindu.

The Bench said that marriage does not mean that a woman mortgages herself to her husband. We do not accept the merger principle which was propounded by the Bombay High Court. The Bombay HC had upheld the restraining of the lady from performing the last rites of her parents.

There is no law which bars a woman from entering the Tower of Silence after marrying outside the community, the Bench also said. Shun the rigidity and understand the importance of filial emotions of a child towards her parents, the Bench also observed.

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