SC allows Parsi woman, who married Hindu man, to enter fire temple

A Parsi woman who married a Hindu man was on Thursday allowed by the Supreme Court to enter the Zoroastrian fire temple.

A five-judge Constitution bench presided over by Chief Justice Dipak Misra recorded an undertaking given by senior advocate Gopal Subramanium on behalf of Valsad Parsi Trust, allowing petitioner Goolrokh M Gupta, to attend the funeral of her father and offer prayers.

The court put the plea made by senior advocate Indira Jaising, representing Goolrokh, for examining the constitutional validity of her right to practice the religion, despite her marriage outside the faith, for consideration on January 17.

During the brief hearing, Jaising contended the petitioner was denied her right to enter the Tower of Silence for marrying a non-Parsi, though she had got her marriage registered under the Special Marriage Act.

Subramanium submitted that in deference to the apex court's suggestion made on December 7, the temple trust would allow her to perform all rituals.

As Subramanium said he could speak for the Mumbai trust only, the bench pointed out there are other trusts which did not prohibit women from entering the temple though they have married outside the Zoroastrian community.

"The right to offer prayer and right to attend funeral must be guaranteed to the petitioner. The questions of other rights would be dealt later," the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.

The court had earlier said a woman does not mortgage herself to a man by marrying him.

She retains her religious identity when she exercises her right to marry outside her community under the Special Marriage Act.

The court said the Special Marriage Act, 1954, gives women the right of choice and nobody can take away their religious identity.