Supreme Court to examine plea against Parsi women losing religious identity after interfaith marriage

New Delhi: The Supreme Court on Monday decided to consider a plea, raising the question of whether a Parsi woman can be deprived of her religious identity after entering into an interfaith marriage.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi agreed to examine the significant constitutional challenge concerning gender discrimination in religious personal laws.

The court issued notice to the concerned authorities on the plea contending that the rule is discriminatory and violates Article 14 (equality before law), Article 21 (right to life and dignity), and Article 25 (freedom of religion) of the Constitution.

The rule allegedly deprived the Parsi women of their religious identity and access to religious institutions such as the Agyari (Fire Temple) upon marrying a non-Parsi. However, the rule does not apply the same sanctions to Parsi men who marry outside the community.

Senior advocate Shayam Divan, appearing for the petitioner, challenged the constitutional validity of Rule 5(2) of the Nagpur Parsi Panchayat's constitution.

He submitted that the issue is a recurring legal battle for the community. He said that the current plea specifically challenged the regulations governing the Nagpur Agyari.

"We are issuing the notice. There is a similar plea with the important question of law," the bench said.

The court sought a response from the Centre, the Nagpur Parsi Panchayat, the Ministry of Minority Affairs, the Maharashtra government, and the Charity Commissioner on the plea filed by Dina Budhraja.