I
V No. 3
RY 1969
nPH' medium for old iriadom
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'• E. R. E, fU K i
I- E. E.
A-1- Mar. lech.
Radio Offitcr.
ENG^^E£R,
S- A.)
(India).
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L' '’I ‘T
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WITH THE PRESIDENT Dr . ZAKIR HUSSEIN AT DELHI
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, 1
half of the New contrast' in the industrial revolutions -of
The first week and a
year i%9 was ^aced by the presence of these two Countries is thp V absence of
their imperial Majesties the Shehnshah and trouble between labour and management in
" Iran just due to equitable disfributibn of on the soil of India-
were the guests of the profits and promptness injustice, i' . .¦ >;
Mutual respect, ethical clarity ? about
the Shahbanou of Iran
The Royal Visitors
Government of India and the mutual cour- [ ;___ _____ ____
tesies of the two states brought out into bold international equality and fraternity dictated
relief the siuhjects of the ancient Common Jjy good sense
origin, the inherited and cultivated of the day.
cultural ties, the more recent economic
collaborations and the similarities of their
industrial revolutions. In all these fields each
has given to the other what was best in one
and both have flourished according to ^adras Railway industries, Heavy Electri-
However, a marked cals, Bhabha Atomic Reactors etc.
the inherited and
characterise Iranian politics
During their twelve day stay in India His
Imperial Majesty Shehnshah Mahomed
Reza Pahlavi visited several large industrial
units of India like Jamshedpur steel plants,
their peculiar genius Bhahha Atomic Reactors etc.
4 3Shahbanou Farah Diba visited centres of apple of their eyes—welcomed them and
various arts and crafts and social services prayed for them, the least that they could
centres. They appreciated and admired do was to invite them to a function. A
what was good in the country. In return as grand Banquet was arranged in their
India’s appreciation of their high intellectual honour at the Taj Mahal Hotel (Bombay)
calibre and deeper underatanding of Saturday IIth January 1969. Large
crowds gathered every where along the route
of his journey. Area around the Taj was
choke full with Parsis in big numbers
anxiouly awaiting the coming of the Royal
Couple It was indeed very nice of the Taj
management to have allowed everybody to
enter the Hall leading to its imposing stair-
'The case. Anxious spectators arrayed themselves
They appreciated and admired do was
grand Banquet
and deeper understanding of
life, labour and the ways of the world
honoured them with Honorary Degrees.
SHAHBANOU received the honoup
of D. LITT of Agra University and
SHEHNSHAH received the honour of
LL. D. of Osmania University. We hope
they will treasure them as symbols of our
high opinion of their lofty intellect, cultural
elevation and concrete progress.
SHAH’S title of Aryameher indicates His in double and treble rows deep around the
Majesty’s desire to announce Aryan as galleries of 1st 2nd 3rd and 4th storey,
cultural origin and Meher as the Angel of On arrival loud peels of welcome rever
truth, sanctity of word and Justice tempered berated and the Royal Couple acknow
with mercy. ledged their greetings. It was a perfect
night of cordial enthusiasm. On entering
the Banquet Hall the Royal Couple were
introduced to the Trustees of the Parsi
Panchayet, Major Adarbed Iranee as Presid
ent of the Iranian Anjuman of India, some
dignitaries and some industrialists. Mr. Sorab
€
Shahnshah Reza Shah Pahlavi of revered
memory began the change of colour of the
Dark Days of Iran from dark to j^rey The
worthy son of a worthy 'athcr has by
now cpipplcted the process resulting in the
clean
distribution of assets and Stabilization of Godrej already known to their Majesties had
human values and dignity with Testoration played important part
of
iC
White Revolution. ’ Equitable
in organising the ,
of Justice to all whom it was denied mark function with the above Said persons. Godrej
Company is already associaed with Kamani
enterprise in Iran.
the’New‘Age of Enlightenment in Iran.
The iRoyal Gonple was associated in the
mind of the Parsees as the Aryameher of
the land of their Prophet Zarathushtra. Nadirshah Mulla. His Imperial Majesty in
They flocked in numbers to see them with his reply acknowledged the good feelings of
their own eyes—looked upon them as
A welcome speech was given by Mr.
the the Parsis of India towards Him and Iran.
44
to with such represents in the history of Iran. He said
come to Iran on many Parsis are anxious to
the ancient land of their origin and religion Justice and good Government, which Cyrus
which they are holding on
spirit of reverence. The Shah praised Parsi
devotion and character. He said he had the occasion and they will be all welcome,
never known any Parsi being tried in the But before that some of you must go and see
Court of Law for betrayal of his Country Iran and witness its progress and get
of origin or adoption and had never heard yourselves ready to take part in rebuilding
of any Parsi being tried for embezzlement modern Iran, side by with your interest in
or misappropriation of trust put in him and rebuilding of India. Times have now
wished that the community will retain that changed. Communications are easy and
lofty trait. He also praised the spirit of enter- j-apj J. He played
prise that has contributed so much to the
industrial development of India. He stated
that no one will be happier than himself if
Parsis would take their rightful place in
helping the advancement of Iran by colla
boration or actually working there to build
up new Iran.
said Iran was preparing for
rebuilding of India. Times have
are easy
a pun and said we have
Air lines of ours—yours begins with
A and ends in I i. e, AIR INDIA, ours
begins in I and ends in A. i. e. IRANAIR.
Take either of them and you will land in Iran.
When the Royal Couple left the Banquet
Hall all stood up in reverence and clapped
and cheered them. Outside the Taj the
give them
e. AIR INDIA,
He
celebrations of 2500 year Centinary of People were waiting to
Cyrus for revival of the ancient spirit of HEARTY SEND OFF.
a
Royalties at the Banquet. Lady Jehangir presenting the Silver Salver
in a pure Mysore Sandalwood Casket —with Indian and Iranian motifs carved all over
I
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Major Adarbad Iranee greeting His Majesty
VJ'
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14
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' X
Shahbanou Farha Diba at the Workshop for the Blind in Bombay
Blocks by courtesy Jame-JamshedOur System of Education as it
compares with the American
by
Mrs. KHORSHED M. J. SETHN A
M.A.,B.T.
no”, “correct ” —
*
c
The American system of education at just saying “yes ” ¦ or
first sight seems very complex and decen- “incorrect ” has greatly reduced the bur-
tralized. The entire system of education den of the teacher or the examiner, but
seems like a mystic maze. Public schools it is not, to my way of thinking, a proper
are all state aided. Most of the money test of the child ’s knowledge or attain-
realized from property tax goes in for ments. The correct answer which the
education. But the tax-payer does get child manages to tick off, may in some
good value for his money. cases be a guess; even if it is not, it does
not give the child any opportunity to ex
press his'ideas
language, the precision of words and
their meanings,
be developed.
India is still anchord to the British
no chance over the
their usage cannot
o
There is a complete revolution in the
American system of education and in the
method of teaching and curriculum which
offer exciting possibilities to a student,
for research and exploration. Electroni-
sed teaching, language laboratories, T. V.,
Tachistoscope, and team teaching are style of education and, though the system
things unheard of in India, and are of examination raises its ugly head too
luxuries the Indian teacher would enjoy, high, I feel this system, if rightly conduc
ted, with the proper evaluation of the
students ’ work all the year round, is
better fitted to academic subjects.
The teacher in India is overburdened
with the correction work, follow-up, etc.,
of more than fifty students in a class.
This makes his work a drudgery, and so,
he lacks efficiency.
The absence of Public examinations in
the American system of education stands
out in strong Contrast to the Indian
system.
American education is based on the
This results in the reduction of the
standard of work of the students.
On the other hand, in America, with
the introduction of teaching machines, needs of the individual child. The course
teaching tends to become too mechanical is meant to suit the child ------^the ’ child
and artificial. The method of testing i.e., is not hammered into a set course. Its
merely ticking off the right answer, or purpose is that of catering to the entire
¦ > meant to suit the child-
is not hammered into a set course. Its
4^'
7¦intellectual, physical, emotional, guidance counsellor, or the teacher, is a
range of the pupil’s interests and capa- be rendered by a psychiatrist or trained
cities
aesthetic and social. For his all-round point which still remains to be answered,
development, a varied range of occupa- A student may be very good at one of
tions, activities and experiences have been the line arts, and may be tolerably good
provided. Through practical training in in science. The counsellor advises him
the art of living, it has been shown to him to take up science, as there is vast scope
how community life is organised and sus- in this particular field. He turns out to be
tained. Such knowledge and experience a fairly good scientist, but had he follow-
contribute to his all-round growth. It is ed his natural inclination, he might have
more important to awaken interest and been a great artist. The Dunbar Voca-
curiosity in the child ’s mind and to teach tional School is one of those which affords
him the methods and techniques of ac- its students wonderful facilities to choose
quiring knowledge, than to burden his out of a large variety of subjects. Some
memory with miscellaneous information, of the courses deal with air-craft power
and to drain his energy by learning no plant mechanics. Students with high
less than three languages. A little know- mechanical aptitude find great oppor-
ledge, acquired pleasantly and thoroughly, tunities in the exciting field of aviation
and with the feeling that it has real signi- mechanics. Architectural drafting, auto-
ficance, is better than a great deal of mis- motive mechanics, business education.
cellaneous ill-digested knowledge unrela- cabinet-making, commercial art, cosme-
ted to life. tology (beauty culture), television, elec
tronics, are a few among the host of other
crafts.
such as carpentry, for hi® to do something in life and be-
The American system makes adequate
provision for the diversity of tastes and *^rafts. If a student is not good at the
talents. High school courses provide for academic subjects, here is an opportunity
ample electives ------j
aviation, jewellery-making, ceremics etc., come a self-supporting useful citizen,
and gives free room for the development
of different types of abilities through stu
dies and activities congenial to such deve- of ‘dropouts ’ is a wonderful feature
lopment, and are within the student ’s in this country,
reach.
The Double E program and the hand-
Children from broken and unhappy
A student intending to go for a uni- homes, unhealthy surroundings and com-
versity course, has to complete his course pany, leave school. These are traced and
in English,^ Mathematics, Science and fitted into the Double E (Earning and
Education program). They are given a
suitable treatment in the emotional regions
Social Studies, but as far as the electives
are concerned, they are numberless.
Because of the vast number of courses disruption, trained in the academic
offered in Senior Schools, guidance and subjects and sent back to school or sui-
counselling, to a certain extent become tably employed. Many such students have
necessary. How far this guidance should been known to grow up to be honoured
8€
citizens of their couniiy. This is a great worthy. The .mechanical devices which
humanitarian work, for it is always a joy help to teach these handicapped
to see the prodigal son come back home.
This just shows how equal educational
opportunities are offered to one and all.
Scientific attainments are by far ahead
of the academic. In American schools,
the standard of science far excels that of
Indian schools. Elaborate laboratories
are to be found in almost all the schools
and the study of science is backed
up by scholarship. Every little child in
his playing, is most anxious to know the
‘why ’ and ‘how ’ of things. The little,
experiments performed by him even in is that of enabling the child to think
his play, help him to understand the objectively as also subjectively, develop a
world in which he lives, much better.
are
more useful to these unfortunate children
than to the teaching of normal children.
Teaching machines are simply unbelieve-
able. That mathematical subjects are to be
taught by means of machines is simply
amazing. In their own way, they show the
marvels of science, but to feel that these
machines can replace teachers of flesh and
blood, is stretching the point too far.
They can be used for adults, and
adult education but not for children.
The object behind American education
scientific attitude of mind and move
towards the forces of justice, progress and
righteous dealings. The instructions which
call for only passive assimilation can
make no contribution to the development
of this type of mind. A democracy of citi
zens who think Confusedly cannot main
tain that dignity and progress. A child has
I
i
In the Aerospace Convention, it was
stressed that aerospace education should
be an integral part of education, from the
kindergarten through the High School. In
the pursuit of science, the fine arts are
being neglected, though drawing was
taught in the new method, as were Eng- jq develop as a social being. He has to
lish and Mathematics. What the child
was told to express by means of drawing,
was his fleeting impression of a certain
movement. The expression of an act was
by no means artistic. Art expresses the discipline, co-operation, social sensitive-
innermost feelings of the heart and is an ness and tolerance. These qualities cannot
live in society, and, therefore, he has to
inculcate the qualities necessary for living
graciously, harmoniously and effectively
with his fellowmen. Such qualities are
If
innermost feelings of the heart and is an ,,
exposition of pure emotion. We study the 5^ developed in a vacuum or before a
artist, his mind, his emotions and feelings teaching machine, but in the school, in
through the depth of his expression and the class-room, under the benign influence
not by a few unmeaning lines which claim of jjts teacher whom he very often takes
to show the fleeting impression created by his ideal and imitates. Where is the
a movement. human touch which is so necessary in the
The education of the deaf and the dumb teaching of children in these mechanised
was most marvellous and the patience means of imparting knowledge ? The con-
with which they are managed, most praise- fidence with which a student approaches
9his teacher, the warmth of feeling, the love be so treated that he would from this
and a heart to heart talk that he 'may 'house, hut whatT wish to say' is that he
often desire to have with his teacher, the should, not be placed in such a high sta-
exchange of ideas, the mistaken notion tion that he cannot get himself reconciled
that he may have, the little problems that to his own home conditions.
may be pressing on him — Can the ma
chines solve them ? or satisfy his grow
ing and developing mind ? Certainly not.
of-the child —his education, his moral up
bringing, his entire future rests with the
school and the teacher. Well it does to a
great extent, but not entirely. The child is
in school for six to seven hours of the day,
during which the school would do its best
The parent-teacher association not so
well developed in India is a wonderful
Very often, even years after he leaves his way of drawing the parents closer to
Alma Mater he comes back to meet his school. More often than not parents in
teachers with love and reverence, the same ItidU believe that the entire responsibility
friendly feelings. Will he then in the fu
ture American system of education come
to see his teaching machines ? A teacher
ixi India, according to Indian culture, oc-
¦ cupies a higher place than , the parents in
the chdds heart, because he inspires know
ledge and opens his mind to light. Can he to implant in his tender mind all that is
be replaced by machines ? The machines good. But it has to be nurtured for the rest
may aid the teacher for better instruc- of the day in conservatory at home. If the
tion but can never replace him. same favourable treatment for culturing
his mind and what is rooted in it is not
Education will amount to mass pro- there, it can uproot itself. How far is the
duction and depth will be sacrificed for school to blame? Such parent-teacher
breadth. To avoid narrowness it will be- associations can go a long way to help
come shallow. the parents and teachers to get to
gether to find the correct treatment for
the child.
J
Juvenile Delinquency which deserves
attention in India is well looked after,
rather looked after on a lavish and luxu
rious scale in America, with the result,
the delinquent after leaving one house of education of their children as they are in
correction or remand is never able to terested in America.
adjust himself in his own meagre circum
stances and comes back to the home of
correction. Does this not defeat the pur
pose for which it was intended ? I do not
thereby suggest that the delinquent shall
It would be a grand day in India, when
we can get the parents interested in the
A few who are interested take up un
doubtedly a wrong course of action. It is
always the teacher who is at fault and
never the child.
'10Ten Questions Jor Appraising
Faith as a mature Religion
by
1- Mar. Tech.
(L. s.
DASTUR MINOCHER HOMJI
’^adio Officer.
A,)
(India).
5
1. Is it primary? (original or imitative?)
2. Is it always fresh? (sense of cosmic
wonder)
3. Is it self-critical? (realising its weak
points).
4. Is it free from magic? (concerned
with higher union with the I)h^).
5. Is it dynamic (motivating enjsrgies :
affording life a meaning)
' 6. Is it integrating (individual to socie
ty : happy relations)
7. Is it socially effective (sense of com
munity and solidarity of a well-orga
nised society).
8. Does it demonstrate humility? (or
exhibit unnecessary superiority?)
9. Is it growing? (search for deeper
truths : practising Altruism)
10. Is it creative? (or repetitive : elements
and characteristics).
Let us examine these 10 questions very
briefly, in order to appraise our Faith as
a mature Religion.
1. Yes, it is original and not imitative,
because the Religion of Zarathusht-
ra has been acknowledged as a Pa
rent Religion that has influenced
Judaism, Christianity and Islam.
2. Yes, it is Ever-Fresh, showing an
awareness of cosmic wonder. The
reader may find proof in Yasna 44
where, the inquiring Mind and the
untiring spirit of Zarathushtra are
revealed in some eternal verities e. g.
“What Architect did fashion Realms
of Light, And also Realms of Dark?
who wisely planned for us both sleep
and waking — rest and work ?”
3. Yes, it is self-critical. The Parsees do
know how to be aware of one’s own
faults and foibles and try to remove
the same. The Parsi press is a positive
proof of the sdf-critical nature of
our Religious Life. There is criticism
and yet there is reverence for and
faith in Religion. We believe in Ten
nyson ’s dictum when he says, “There
lives more faith in honest doubt.
Than in half the creeds ”.
4. By all means it is free from magic.
Yasna 8 expounds the definitions of
a man of magic, quite rationally ;
“One who recites the manthra but
does not practise it becomes a man of
magic ”. Zarathushtra emphasised
Right, as opposed to Rite. Lewis
» Browne in his book ‘This Believing
World ’, says “The History of Reli
gion is in essence the story of the
Prophet who moralised religion, wre
stling with the priest who had
ritualized the morals ”.
5. Yes it is dynamic, but not to the ex
tent that is desirable —in the present
times. Religion, for centuries after
Zarathushtra was a dynamic force in
the lives of millions erf people, after
king ViShtaspa embraced the Faith.
Religion is chiefly concerned with the
orientation of man ’s life, but organ
ised church is concerned with institu
tions and machinery, that are the
bane of progress.
(To be continued)
13»
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r
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Rmndl Aisicl 41RV >4i mdl jaHia>li $
aH4Rcll’li &.
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(t) Ji S - •I'tRrtl
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(a) 't’ilsisdi xia’ft
l Ht»l3ll, «1W*11 XW*S «‘»»W-
ei|«i »iq:tni ms’ll. , Ry, 61. y\, M.
am ©M’icl »l'lRcll»ll^^ellS 414^1, ««-^l, KSRl^l
4iws =(l5^
19REVIEW
The Age of Zarathushtro
by
Ervad Jamahid Cawasji Katrak.
This pamphlet of 80 pages is a laudable example of the
author ’s expanse of knowledge of Avesta-Pahlavi scholarship, Irano-
logy and the power of pin pointing the salient features of the study
in hand. It is a small pamphlet of deep erudition and reveals in its
preface the author ’s struggles for recognition as a true scholar of
Iranology — a status long denied to him yet finally established in
the appropriate learned circle in Iran, which has not only accepted
his versions of ancient history that the Age of Zarathushtra makes
in the annals of mankind but also undertook its publication. Ervad
Katrak is a scholar in his own right. His grasp of the subject is clear
and he has therefore secured eminent success in establishing this
thesis as a landmark on the subject. No work of merit is left unmen
tioned and no prejudice is shown against dissenters. The references
are ample and convincing in establishing the age of Zarathu
shtra in the hoary past.
This pamphlet is the paper read at the World Congress of
Iranologists in Teheran in 1966. It
learned present, acknowledged as a landmark, translated Into Persian,
printed and popularised in Iran.
It has a formidable Bibliography of 182 references of books.
was acclaimed by the galaxy of the
'-is
manuscripts, proceedings, and transactions of Conferences and ori
ginal works in Avesta-Pahlavi, Persian, French, German, Sanskrit,
Gujarati and their translations into English.
Available from the Author from Fairy manor, Gunbow St
Fort, Bombay 1 or from Warden ’s (Mysore) Pvt. Ltd. ’
AvaUable from the^ Author from Fairy manor, Gunbow St,
P. B. W.
Kiratmn
On p. 13 of our December 1968 issue, for Review
Illustrated
read Review.
Wealth Tax Illustrated
(a key to Wealth Tax problems)
by
Shiavax Mistry
21THE ACHAEMENIAN DYNASTY
XERXES I
(486-465 B.C.)
bequeathed to them by Darius. The weak-
• ness of Xerxes had cost the Empire dear :
Europe had thrown Asia back beyond
the straits.
The defeats suffered by the Persians
Xerxes, designated by Darius as his of all the possessions outside Asia Minor
successor, ascended the throne of Persia
after tW'elve years as viceroy of Babylon.
His first task Was to suppress the revolts
in Egypt' and Babylon. This he did
with gi^at Severity. After this he called
himself siniply King of the Persians and
the Medes. Henceforth the royal confi
dence ' plnced Wy in the ruling own military and diplo-
people. matic blunders. The defeat embittered
Xerxes, who gave up all thought of
revenge, and never again left his capitals.
At Persepolis and Susa he completed the
work left unfinished by his father, and
Having' restored peace in the Empire,
Xerxes WhdSe inclinations were for the
luxury of court life and building palaces
and moTTTiments, made no effort to con
tinue the war. But fate decreed otherwise, busied himself with new buildings in
The King, who was easily influenced, which the inordinate pride of the despot
yielded to the pressure of the war party, found expression in a style that verged on
which included Athenian exiles, and the colossal. He was the greatest of all
decided against his own inclination to
pursue the policy of his father. He set in
motion the formidable war machine for
ged by Darius. His army was formed of
forty-six nations and commanded by
twenty-nine generals, all of whom were
Persians. Xerxes set out at the head of
his army against Greece. This war con- called on their subjects to take a
tinned for years. greater share in the administration of the
Empire. But nothing of the sort was done.
Xerxes was assasinated in his palace
(465 B. C.).
builders, and not only the defender but
also the propagator of the official religion.
The Persians, who had hardly emerged
from infancy and who ruled over people
belonging to very old civilizations, should
I
Finally, on the banks of the Eury
medon (466 B. C.) the Greeks gained a
great victory, which deprived the Persians
22I
Pz.'
"I
HON’bLE JUSTICE
S/R DINSHA
DHANJIBHAI
DAVAR
*<
® Wjt
'f
*«
^3f
>S!* * ¦
V
bO'
?
3
f : *¦'
f
B
‘V* Y
H
I
*¦ •****^iJ«f
0
0
8
4*j* 1
^4 t>
s
.aȣ-,.
fcisaHffiiiBaifgi
From a modest Police Court practice India,
to the High Court Bench is a long jump,
but Sir Dinsha Davar made it and made
it with distinction and in the process ble, through his judgments, to preserve
won tor himself the devoted admiration the pristine purity of our ancient faith,
ot his professional colleagues and the The two cases directly to the point are
everlasting gratitude of the Parsee Com- Jamshed Tarachand vs. Soonabai (popu-
The second Indian barrister to be
Justice Davar will undoubtedly
be regarded as one of the veritable savi
ours of the community who was responsi-
> preserve
luc becono inoian oarrister to be a
judge of the Bombay High Court, he
larly known as the Bai- Rojgar case)
and the latter but more famous case of
Sir Dinshaw Petit vs. Sir Jamshedji
Jeejeebhoy (popularly called the Parsee
Panchayat case).
While it lasted, the Parsee Panchayat
m the annals of the community. The
controversy was sparked off by the mar
riage in 1903 of Mr. R. D. Tata to a
were French lady in Paris Mr. Tata, having
vs.
adorned the Bench for over a decade.
As a judge, his exposition of the prin
ciples of common law and their peculiar x aiow jrauuua at
application to Indian conditions was signi- case blew up a controversy unparalleled
ficant, but his legal contribution to the i ’ ’ " ¦
stability of the Zoroastrian rites, tenets
and traditions will forever remain imperi
shable. If the historian of the future ?___ _ __ _ xmxu xaia uaviu
to chronicle the story ot the Parsees in broiight'his wifVto Bom'bay, ‘"'‘formaUy
251
admitted her into the Zoroastrian fold by
the performance of the “Navjote ” cere
mony. He then underwent a marriage
ceremony with his French wife according
to the Zoroastrian rites and then declared
that she had becorne a Parsee, profess
ing the Zoroastrian faith, entitled to
participate in its sacred ceremonies and
entitled also to the right to access to all
the Fire Temples. He further declared
openly that on her death, Mrs. Tata
would be entitled to have her body ex
posed in the Towers of Silence ---------a.
claim which our contemporary Parsees
prone conveniently to abdicate.
The admission of a Christian convert
to the faith and, what was more fatal,
her proposed entry into the Fire Temples
created an uproar in the entire commu
nity. Meetings were held, resolutions
were passed, threats and violent conse
quences were communicated and it was
unanimously declared at the meeting of
the entire Anjuman that Mrs. Tata, not
being born a Parsee, was not entitled to
participate in the communal functions and
did not have right of access to the Fire
Temples, although she professed to have
embraced the Zoroastrian faith.
Accordingly, a suit was filed on behalf
of the lady, in the Bombay High Court,
and since it involved many delicate points
affecting the sensibilities of the Parsee
community. Sir Lawrence Jenkins consti
tuted a special Division Bench with Sir
Dinsha as the senior Judge. The suppor
ters of Mrs. Tata strained every nerve to
secure her access to the Fire Temple and
in the words of Justice Beaman “every
thing that money, talent and energy
could have done for the converts has been
done, far more than they could have done
for themselves ”.
The hearing of the case lasted for
several months and the leading Barristers
who appeared for Mrs. Tata vehemently
26
argued that according to the doctrines
and scriptures of the Zoroastrian faith
and also according to the history, habits,
customs and usage of the Parsees both in
Persia and in India, proselytization or
conversion to the religion was not only
tolerated but enjoined by the faith itself.
Rejecting these arguments Sir Dinsha
observed :
“Zoroastrianism denotes a religion;
Parsee denotes a community...! have
not the smallest doubt that if the con
tingency of an alien being ever admitted
into the religion had been present to
the minds of the founders of the trust
as being even most remotely possible,
they would have made special provi
sions to exclude them...If the leaders
of the Parsee community objected to
even a Parsee corpse touched by Dur-
vands being disposed of in the Towers
of Silence, if they considered that the
corpse of a Parsi was polluted by hav
ing a postmortem performed on it, or
by even an inquest held on it, or by
being brought from upcountry through
Durvand Agency — how could they be
expected to have contemplated a Dur-
vand ’s body being disposed of in the
Towers; for, no matter what five or ten
thousand years ago the Zoroastrian
religion laid down as to proselytiza
tion, their ideas since their advent into
India had crystallized into the belief
that a Durvand ’s touch, or even his
gaze, was enough to defile a Parsi cor
pse, and if such a corpse is not allowed
to be carried to the Towers for dispo
sal, and is placed on a Chotra or an
unused Tower, how could they be sup
posed to have contemplated the possibi
lity of a Durvand corpse being carried
to the Towers so zealously guarded
from even the approach of a Durvand ?
igA Durvand “Zoroastrian” was a being
who never entered their thoughts.
The argument that in ancient Persian
history there were known and recorded
cases of conversion was successfully re
futed by Sir Dinsha in language that may
be quoted with profit :
“For centruies, the only people who in
India professed the Zoroastrian religion
were the members of the Parsi com
munity born in the religion of their
forefathers. No one had for twelve
centuries ever made an attempt to con
vert persons professing other religions.
Proselytising was wholly unknown
amongst them. No one preached the
religion or attempted to teach it to an
alien. There was not an instance known
either in modern or ancient times, of
anybody but a Parsi who professed the
Zoroastrian religion. The Zoroastrian
religion was professed by the Parsis
alone in India. ”
5-
It was finally argued on behalf of Mrs.
Tata that once having been subjected to
the “Navjote’’ ceremony and having
been made to wear the Kusti and the
Sudrah, the convert automatically be
came a Zoroastrian and therefore a Par
see, and no further question arose. Reject
ing this argument. Sir Dinshaw Davar
observed :
’5”
“I confess this question has never pre
sented any difficulty to my mind; a
Zoroastrian is a person who professes
the Zoroastrian religion. Supposing a
Parsee Lady becomes a Christian and
then marries a French-man; can it be
said that she has become a French
woman ? And if she adopts Christianity
and marries an Englishman does she
ever become an Englishwom-am ?”
In the lengthy and elaborate judgment
which is remarkable not only for the lan
guage employed, but for the principle of
law enunciated, Justice Davar held that
the Parsee Trusts can be utilised only by
members of the Parsee community born
of Parsee parents in India or the Zoroas
trian immigrants from Persia or by child
ren born of Parsee fathers and not by
converts.
By this single judgment, the community
has been successful not only in excluding
undesirable opportunits and mercenaries
from the use of its manifold trusts, but
it has also preserved its distinct indentity,
its rich heritage and the natural traits
for which it is renowned. This judgment
was cited with approval, quoted and
adopted by Lord Phillmore in the Privy
Council ’s case of Bella vs. Saklat wherein
the Privy CounciJ refused to allow a
daughter born of a Parsi mother by a
Goanese father to have access to the Ran
goon Agiari.
Another case which made history was
Janished Tarachand vs. Soonabai wherein
Justice Davar overruled the previous,
decisions of Justice Jardine and held that
a perpetual trust created for the annual
Baj-Rojgar and Muktad ceremonies was
valid and enforceable as being an essential
part of the Zoroastrian rites and tradi
tions.
In 1887,-Justice Jardine decided that all
the Parsi trusts created for the perfor
mance
of religious ceremonies and theconsecration of Nirangdin were invalid
the living. The decision, although
. “ were invaiia as
being meant only as a consolidation for
the living. The decision, although mani
festly erroneous, was followed without
exception in a large number of
cases, where the Court refused to recognise
stand the real meaning and nature of
these ceremonies — their origin and
effect and the true aim and object of
these ceremonies — their origin and
effect and the true aim and object of
the performance of ceremonies during
the muktad days. ”
It required courage to overrule a series
of decisions but Justice Davar in his
other
a series
ceremonies before he religious trust and
of Dothla ceremonies Sir Dnishaw said
The Zoroastrian religion is a revealed
religion. It was revealed to Zarathustra
by Ahura Mazda, the Supreme Being
who according to the scripture was the
from many learned Dastoors __
ed. After considering this evidence. Justice
Davar, on his own, refused to follow the
previous judgment in words which have
Parsi religious trusts
prepare afresh as he would like to recon- was not adequa ’Za^tedTn 2^
=£ ~
ana meaning of the < . - -
was required to implicitly follow Jardi
ne’s judgment. Accordingly a number of
authorities were cited and placed for his
consideration, quotation from the scrip
tures were extensively read, and evidence
from many learned Dastoors was obtain
ed. After considering this evidence. Justice
Davar, on his own, refused to follow the
become classic.
“The course I thought fit to adopt in
this case was not adopted without the
most anxious consideration. I have
carefully studied every line of the judg
ment of Mr. Justice Jardine. The more
I have thought over the case, the more
convinced I have felt that his determi
nation is most evidently contrary to
reason and is clearly contrary to the
p. . ,
believers of the Zoroastrian
]
festly unjust. ”
“It is not easy to explain the true mean
ing of the Dothla ceremonies. Though
a Parsi myself, it took me considerable
- — court were eager to destroy the
- —1 get the money for
themselves.
Explaining the character and importance
of Dothla ceremonies Sir Dnishaw said
The Zoroastrian religion is a revealed
religion. It was revealed to Zarathustra
by Ahura Mazda, the Supreme Being
who according to the scripture was the
only self created being. ”
‘The Farvardigan days form the most
important festival in the Zoroastrian ’s
calendar and .......the performance of
the Muktad ceremonies is a religious
duty imposed upon the Zoroastrians by
the proved tenets of the religion they
profess. The ceremonies themselves are
acts of religious worship. They include
worship, praise and adoration of the
supreme Deity, and a thanks-giving
for all his mercies. They contain peti
tions for benefits both temporal and
spiritual for all Zoroastrians, for all
holy and virtuous men of all other
communities and they comprise pra
yers for the well-being and long reign
of the sovereign, for good Government
by him, and for victory to him over all
his enemies. The Muktad ceremonies
most
calendar and .......i'
the Muktad ceremonies i
duty imposed upon the Zoroastrians by
nation is most evidently contrary
Divine Law as it prevails amongst the
believers of the Zoroastrian tenets. It
is a decision which to my mind is mani-
ing of the Dothla ceremonies. Though
a Parsi myself, it took me considerable
time before I correctly could under-
28<7^
In conclusion. Justice Davar relied on
the classic passage of Lord Justice Fitz
Gibbon in the case of O’Hanalon vs.
Logue:—
“The fruitions of faith and the evidence
of things not seen, is hidden from hu-
’1
tend most unmistakably towards the ad- sought to be propounded that the Mukh-
vancement of the religion promul- tad ceremonies are of a recent origin, are
gated by the Prophet Zoroaster, and superfluous, or do not form any integral
performance of these ceremonies is an part of the Zoroastrian faith- a theory
act of Divine worship in its highest and propounded by self-abelaimed scholars of
truest sense ”. the community Whose knowledge of our
scriptures is limited to a few odd transla-
tiohs selected at random and quoted repe-
fitubusly.
Dihshaw Davar's legal career commen
ded in IBBO When he was called to the
Bar frptn the Middle Temple. On return-
'irig from Ehglarid, he commenced his
nunity. It is not. within t e powers o 'practice in the locar Police Courts and the
an earthly Tribunal to entertain whe
ther these propositions are true ”.
'Replying on the above passage
Davar observes ;—
“If this is the belief of the community
—and it is proved undoubtedly to be iriai, but the bail was refused and he was
-------- ? remanded in police custody. Davar was
secular judge is bound to accept briefed and a third application was
- - _ _ made by him for a bail. After a forceful
Small Causes Court. He first came into
prominence by bis stout defence of Lok-
manya Tifak,/in what is known as the
AM Tilak Trial. Tilak was arrested on the
charge of Witibh afld incitement. On two
occasions he ap^plied for bail pending
Justice
the belief of the Zoroastrian community
—a !
that belief — it is not for him to sit in
judgment on that belief he has no (jefence in which Davar urged that a bail
light to interfere with the conscience refused to an undertrial
of a donor who makes a gift in favour
of what he believes to be in advance
ment of his religion and for the welfare
of his community or of mankind, and 50,000 which was readily produced.
prisoner vindictively or as a measure of
punishment, Davar succeeded in releas
ing his illustrious client on a bond of
say to him, “You shall not do it. ”
The case made him famous and he then
The importance of the judgment can ^Qiiimenced practice in the High Court
be gu^ easily if we reflect what would ^oon made his mark as an out-
have haf^ned to our ceremonies and standing Barrbter, a master of cross
religious institution's which have kept the examination and a lucid exponent of the
civil law. He was appointed as a judge of
the High Court on the death of Justice
August 1906 and
flame of the faith alive, had all our en
dowments been thus vitiated.
Doubtlessly the learned judge would Tyhbh in
have shuddered to read in the -columns 'thus became the first Parsee Judge of out
of today ’s papers the theory recently Hi^ Cbuft. Oh fhe Coronation of Xing
"29Edward VII in January 1901, Knight
hood was conferred on him.
His work on the Bench was remarkable
not. only for his contribution to the then
unstable sectors of civil law, but for his
. overriding zeal to eliminate technicalities
and legal objections to ensure that hum
ane justice was rendered to the litigants.
His judicial career was distinguished by
two outstanding qualities which made him
popular on the Bench. The first was his
endearing candour and the second was
his over-whelming zeal to encourage and
uplift the junior members of the Bar who
needed the incentive to build up a legal
career.
1
A Of his candour, it is said that he was
the most outspoken of his contempora
ries. Mr. P. B. Vachha records that once
when Counsel pompously described his
client as a highly placed respectable gen
tleman holding a senior official position,
Davar was provoked to retort :—“Respec
table man of high position ! You think I
do not know him ? Ask him if he was
not a hack victoria driver only a short
while ago !”
On his death the editors of the Bom
bay Law Reporter observed :
" “He' was a strong judge in the sense
that he was never irresolute or waver-
ing. He was fearless in his criticisms of
any iniquity that came to his notice,
and he never shrank from giving ex
pression to what he thought and jud
ged. Practitioners before him are
familiar how, with protruding eyes and
stern demeanour, he expressed, in most
scathing terms and sharp invectives,
his disapproval of the conduct of a
suitor or his witnesses or even his legal
advisers. But there always lurked be
hind such expression of judicial con
demnation a kindliness of heart, not to
harm or injure the delinquent by taking
any measures. No technicalities of pro
cedure, no ordinary rules of evidence
fettered him in his manifest determina
tion to get at the truth in every matter.
His judicial pronouncements
the irhpress of practical good sense and
reveal sound judicial insight ”..............
'4'
bear
His memory is enshrined in the pages
of the Law Reports, for to the uncodified
branches of civil law he made a contribu
tion which can be regarded as unique,
but by his community his name will be
remembered with reverence, as a great
Parsee and a true Zoroastrian.
ALKNKKna
COLOUR ADVISORS AND PAINT CONTRACTORS, 28,
REDDER road , BOMBAY-SB.
PHONE-367996
.10
1^-◆ ◆ ◆
