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Apr 1982

I I t I Aprtt No 10 R«.1 1 1 L Changing Relationships k ? THE MEETING was described as his- “We are trying to breach the gulf.” toric and one of the major achievements of the keenly contested Bombay Parsi of the Committee for Electoral Rights housing, the chairman announced that Punchayet Anjuman Committee elec- (CER) that swept the last elections and the trustees of the Arbab Guiv Founda­ tions. The trustees of the BPP in an a trustee of the BPP, said the function tionwould becontributinganothersixto unprecedented move agreed to meet was one “which I have been dreaming seven lakh rupees for housing construct with the 600 or so elected representa- about for a long time. It officially signi- tion at Contractor Bang in Mahim. The fives and donors of the Anjuman Com- ties a change in the relationship between Anjuman and individual Zoroastrians mittee on 25 April at the Framjee the BPP and the distinguished members of Hong Kong have promised 10 lakh Cowasjee Institute in Bombay’s Dhobi of our community...this is the first man- rupees for housing. Efforts to persuade Talao area. ifestation of our (the trustees) coming well-to-do residents of the various Parsi Though three of the seven BPP trus- forward and asking you to help, tees stayed away from the Sunday morning function, (Jal Vimadalal the “change in thinking” to the “revival’ because he felt the Anjuman Committee brought about in the Community, lar- housing is also under consideration, had no “representative capacity” other gely as a result of the elections last year, than to elect trustees as and when A member of the audience, Ratan vacancies arose. Dr Nelie Noble Doctor while praising the initiative of flats on three bases, ownership, advance because she had to attend some “reli- the four trustees present, likened the compensation and rent, he said. There * gious ceremony” and Maneck Hodi- walla due to an “emergency in the family”) the meeting was described as a “healthy precedent,” by BPP Chairman a section of the law as to why it can’t be are couples waiting to marry, said Gol- Dr Aspi Golwalla. done. walla. “Perhaps for the first time the pun- Golwalla listed some of the steps Stating that the BPP had an annual chayet and the Anjuman Committee are taken by the Punchayet to streamline income of around 70 lakh rupees meeting,” he noted. The threefold the organization’s functioning. These against assets of around eight crore objective of the meeting, said Golwalla include hiring three part-time accoun- rupees, Golwalla said it was difficult for Jamsheed Kanga, the founder-leader 2,500, said Golwalla. In regard to the pressing problem of . ” colonies to contribute small amounts on BPP Trustee Eruch Desai attributed a regular basis for maintenance of exist­ ing baugs and construction of new !?* said Golwalla. The BPP is considering allocating stand of some of those absent to that of are around 7XMX) applications for hous- a constable in a police station whose ing pending with the BPP, of which standard reply to any request is to quote maybe 4,000 are active and around 700 done. Golwalla listed some of the steps i I _ _ _ was to acquaint the community with the tants to update the accounts of the 1,200 the Punchayct to maintain its existing I ; activities of the BPP, publicize the trusts that comprise the BPP, and services m the light of rising costs. “We K .u-. _ _ ____ ________________________ i*__... ____ x_____________ » u- ' problems that the Punchayet cncoun- appointing administrative consultants may have to curtail our activities,” he f ters, and to “seek your help and gui­ dance.” “Our (the Punchayet’s) image has been largely negative,” said Golwalla. patching ofdoles to recipients by money Golwalla. As far as the trusted were He felt the main reason for this was a order to avoid their having to come to concerned, he noted, they were making ¦ communication gap between the Pun- the Punchayet office each time. This an all out effort. “We are working in - chayet, the community and the Press, will cost the BPP an additional Rs harmony. We may have differences of to assist in “putting the administration warned. on modem lines.” “People say tiiefunds are there (in the Another welcome measure is the dis- community) but the will is lacking,”sakl IS J ¦'¦•. I’T Mill talent contest. On the subject of housing, Pali Pon- cha, a CER deputy chairman, spoke of a co'niiiiunity was “past. There must be a active, he added, “I must candidly admit ’‘cross subsidization scheme” also feeling of trust, of confidence.” Stating that the C.E.R. has failed to keep the referred to that “housing IS the most important i ~ „ problem facing the community,” Kanga it has been doing.” said applications would be divided into '' various categories such as the homeless, engaged couples, practising priests and people living in crowded premises. A -— -. -----.. . , ti,A certain percenUge of the availale flats echoed Engineer’s sentiments in the Kanga and the others suggested would be determined for various cate- Aoril issue: “The total absence of com- names -nd allotees be ^°The new flats would, by necessity. Parsi public is responsible for the public community could judge for itself and have to be smajl and this would impair the quality of life, he noted. The only long-term solution was for people to leave Bombay and settle elsewhere. “Bombay is for the affluent,” he said. BPP Trustee Jamshed N. Guzder opinion but no conflicts.*^ daily of March 21,1982, entitled, Kanga also noted the time for “con- the Dickens is the C.E.R. Doing?” frontation” between the BPP and the WhUe stating that the organization was active, he added, “I must candidly admit Kanga also noted the time for “con- ...vv _ __ ___________ > as the “Robin Hood community informed of the work which Approach.” The proposal envisages ne Zoroastrian, a lively journal pub- u building housing for those who can _ ________ afford to pay more and from the excess lished by CER office bearers Zal Con- monies generated, construct flats for tractor, Berjis Desai, Dr Perin those of limited means. Cabinetmaker and J. Merwanji. To ensure fair allotment of flats. Berjis Desai, Dr Perin those of limited means. Merwanji. T, April issue: “The total absence of com- names of applicants and allotees be munication between the CER and the printed in the newspapers. Thus the ... . r . .If------ bring to the attention of the trustees any irregularity. 1 “The C.E.R. has failed to keep the community informed of the work which it has been doing.” disillusionment with the CER.’’ Kanga listed the “main achievement” of the CER as being “the recognition” on the part of the BPP that “they have Ginger group to take the people into confidence, espe- The two May meetin]^ reflected actwity cially the elected representatives.” Sev- ‘ -r x.-. r.T>Ti a „,., on which non-trustees have also been Anjuman Commit.tee s functioning co- . Economic Uplift which barely met in the past, meets every three weeks on an management of the BPP are also under- body that serves as a link between the Anjuman Committee and the commun- On the subject of electoral reform, ity. On the other hand, the CER has Engineer put forward a scheme in which shown itself to be active in organizing ____*__ 2- _ : 2 ¦ on the part of the BPP, the Anjuman eral committees have been constituted Committee and the CER. While the _ . . . <• ¦ —, •-opted, he noted. The Committee for appears to complement that of the BPP - -. trustees, the CER has still to determine its role. The leadership views the CER as a “ginger group and think tank,” a average, he said. Steps to streamline the noted that Drooerti^ held by the var- “only effective modifications to the social functions, and publishing a new- "o° ,xs i’Xb^puSlsuch as San- nresen, indirect scheme have been sug- skttcr, Oe Zoroas.rian, amongst other jan could be developed for the elderly. This would ease the congestion in Bom­ bay. Guzder said the BPP intended to build 1,000 flats in the next four years for all sections of the community at a cost of eight crore rupees. This money would have to be raised through various housing schemes. He was confident this and 100 would be elected from amongst could be accomplished. A member of the audience, Jehangir Nicholson, voiced the sentiments of many present when he said the historic meeting “created a sense of confidence, a sense that the trustees have the welfare of the community at heart.” present indirect scheme have been sug­ gested. Moreover, consideration has activities, also been given to safeguarding the interests and the vested rights of past donors.” In brief, the scheme would restrict the size of the Anjuman Committee to 500, of which 400 would be elected by the community from various constituencies ¦ ¦ ¦ ¦ ¦ " I the donors. The 500 would then elect the trustees who would be eligible to stand for three terms of six years each. A trus­ tee should be a graduate, aged 30 or above. Engineer After that, the d'rafting of the clauses group especially in regard to election would begin, he said. reform and the revival of an all India Among the more active groups in the body, much of the present charges oi Wing headed by Kersi Limathwala and short-comings of the CER are not so Kersi Gazder and assisted by Zal Con- much due to a lack of publicity as to a tractor. The group has organized visits lack of clearly defining the party’s role to various Parsi institutions such as the in the community. This has been made madressahs, the widow’s chawls, dha- all the more necessary due to the unfor- ramsalas and hospitals. They found the tunate absence of an effective opposi- occupants of many of the places visited, tion party. suffering from “loneliness and a sense of desertion. We want to help the inmates find companionship,” said Limathwala. The Youth Wing is also organizing a To ensure fair allotment of flats, the names of applicants and allotees should be printed in the newspapers. If in addition, the group could gener- ___ invited recommendations ate intellectual activity through semin- from the public upto the middle of June, ars and symposia and serve as a pressure reform and the revival of an all India CER Meet , . - ««*• 1 1 1 1 TZ J T 1A oHimOC AT Trlr* I .“.lx HIC IIIJI aU (CER) held its second meeting with the Anjuman Committee, the CER mernbers and the general public at the Cowasjee Jehangir Hall. Sensitive to the criticism being levelled at them by some that the CER was not active enough, the leaders claimed that their activities were not sufficiently publi­ cised. Dadi Engineer, deputy chairman of the party, had written an article in the conservative Jam-e-Jamshed Gujerati 1 I 1 d 1 ¦«i 4t I The earliest Parsi settlers * “A great number of Parsis from Iran”, James Douglas writes, “under dates A.D. 1009 and 1021 inscribed their names in one of the Kanheri Caves in governorship of the island. The letter 1725-30. He bought land at Mazagon, Pahlavi — an earlier date this, we think, ' ' ' than is generally attributed to the appearance of our Zoroastrian friends fleeing the cruelty of their first promo- Bombay. in this part of the Konkan”. ters, the Mahometan religion in Persia, He shared his good fortune gener- The first Parsi settler on the island, however, is believed to be Dorabjee Nanabhoy, who came to Bombay from Soomari, near Surat, somewhere people and ingenious in trade wherein tanks. around 1640. Nanabhoy or Nanabhai they tally employ themselves. There are was a linguist of a kind, being well-versed in Gujarati, Marathi and English, with a bit of Portuguese thrown in. These qualifications came in handy and the Portuguese (who often Tower of Silence had been built (Modi on arrival, Lowji settled down “to found called the Parsis, “Jews” because of Hiiji Wachha is believed to have been the greatest dockyard in India and to their facial features), utilised his services as a revenue collector. The English did the same later. Dorabji died in 1689. His son Rustom, too, served the Eng­ lish, but in a different capacity. He was called Rustom Gendral, or General, from the fact that he defended the island during the Sidi invasion in f692; when a plague epidemic had laid low the small English garrison. Rustom organised a militia of local fishermen and suc­ ceeded in driving out the Sidis. He occu­ pied Dungarry Fort, and for a few days, actually “governed”^ Bombay, till the Surat factory for the English East India trade and embroidery”... “skilful mer- the island to take over from him. For these services, he was given the hereditary title of Patel of Bombay, and all the fishermen on the island were placed under his charge. He collected taxes from them and settled their civil and religious disputes. He died in 1763. The Patels have been remembered in the matter was settled. their history: “The Parsis are a small Cowasji Patel Street in the Fort while His three sorts, Ffamji, Bomanji, and remnant of the one of the mightiest C.P. Tank was named after a later Nowroji took up the matter. Framji was nations of the ancient world who, flying member of this clan. - ----- ' ’ “" • ¦“ ' - The Patels served Bombay well, for a good 150 years after the first one died. “They administered entire villages, developed transport, built sailing­ vessels, farmed the Worli Fisheries suc­ cessfully, organised the supply of fresh the governor, water to the East India Company’s ships and initiated welfare schemes among the poor. There must have been others of this community in Bombay at the time of Nanabhoy, for Gerald Aungier wrote or had someone write a note to the Court cessful and the Court of Directors of Directors in London on December awarded him the sum of Rs.5,46,790. 15, 1673, shortly after he took over the Nowroji returned to India between told of “another caste of people called started stone quarries, and settled dowri Percees (Parsees) which are those who, to establish one of the richest families in ters, the Mahometan religion in Persia, settle themselves in India, where they ously with the less fortunate of all com-! enjoy their old rights and customs munities building dharmashalas and unmolested... They are an industrious hospitals, bridges, roads, wells and Among the best-known of the earliest at present few of them, but we expect a settlers was Lowji Ntisserwanji, who left greater number, having gratified them Surat when only 25 years old (in 1735) in their desire to build a burying place at the instance of Mr. Dudley, the mas- for their dead on the island”. By 1674, a ter attendant at Bombay. Immediately the builder) on Malabar Hill, and an build some of the finest ships the world agiary in the Fort. Aungier’s wish for more of the com­ munity as settlers in Bombay was Tul- began to flock to Bombay. The first filled, but much later. Before that, wave of immigration was during the another interesting Parsi connection 1790 famine in Gujarat; the second with Bombay is worth a mention: when in 1837, a fire destroyed more Rustom Manock (1635-1721) was an than half the town of Surat. influential Parsi of Surat. He was In Surat, they had been engaged as broker to the Portuguese and political early as 1638, “in mercantile pursuite” representative of the Portuguese Vice- as “bankers, shopkeepersand... various roy who resided in Goa. Manock other traders”... “good carpenters and arranged for the establishment of the ship-builders, exquisite in the weavers’ chief of the Surat factory arrived on Company and was also their broker. In chants” and industrious artisans”. 1701, he accompanied the English These qualities they soon put to use in ambassador to the court of Aurangzeb. their new environment. He also represented Parsi interests in ever saw”. With the decline of Surat, the Parsis In Surat, they had been engaged as He also represented Parsi interests in Hirji and Muncherji Readymoney Surat. ’ werepioneersoftheChinatrade... Dad- Later, he had a dispute with the Com- ybhoy Nosherwanjee opened the first pany over a sum of Rs.6,90,0(X), which cotton acrew in Bombay.... . ' ; ^5 James Macintosh encapsulated matter was settled. their history: “The Parsis are a small His three sorts, Ffamji, Bomanji, and remnant of the one of the mightiest they refused to pay. He died before the imprisoned by the Nawab of Surat “at from persecution into India, were for the instigation of Sir Nicholas Waite, many ages lost in obscurity and poverty Governor of Bombay.” His house was till at length they met a just government seized and a fine of Rs.50,(XX) imposed, under which they speedily rose to be one Bomanji went to Bombay to seek jus- of the most popular mercantile bodies tice, but was put under house arrest by in Asia” . by Olga Valladares, Evening News of India The third brother Nowroji, then set sail, secretly, for England, on the British Due to exigencies of space, we are unable man-of-war, the “Salisbury”. He took tp carry the serial - Aek Atmakatha: his Parsi servant with him. These two The Life ofDastur Dhalla, in this issue. men were probably the first Indians to The next installment will appear in reach England. Nowroji’s trip was sue- the May issue. \ '• a'niePprsi Petit vs Jeejeebhoy VII Conversion: Preached, permitted but not practiced I I s Z '1 THE JUDGEMENT SO FAR IT IS UNDER these circumstances that only were Durvands invested -with the communities of Zoroastrians in Sudra and Kusti, but they prepared India object to the conversion of aliens. In 1903 R. D. Tata married according to India object to the conversion of aliens. Daroons for Ghambar and other cerem- Parsi rites, a French lady, after having It may have been one of the tenets of the onies, and these used to be consecrated, her navjote performed. Tata claimed his Zoroastrian Community to convert Only a Zoroastrian could understt^nd wife "had become a Parsi professing i _ . * * ' . ' _ wife "had become a Parsi professing aliens. When, anywhere between 5,000 the gross improbability of such a thing the Zoroastrian faith and consequently and 10,000 years before Christ, Zoroas- having happened. However, this discus- she was entitled to participate in all ter promulgated the religion revealed to sion is not of much importance, as I am the charitable and religious Funds and Institutions of the Parsis'including that made this necessary or desirable, of aliens is permitted and enjoined by the right to enter fire temples and We have no knowledge of what other the Zoroastrian religion. The usage of have her body consigned to the Towers religions existed then; the scriptures twelve centuries however, proves that, of Silence. that exist talk of such religions as then under their altered circumstances-away Thus the scene was set for the historic existed as Dewa Yeshna, which may from their fatherland, amidst surround- court case of Petit vs Jeejeebhoy, also known as "The Parsi Punchayet Case." other than the Supreme Being. The question before the two judges of the Bombay High Court. Justice Frank C. O. Beaman and Justice Dinshaw Dhanjibhoy Daver. was whether a person born in another faith but converted to Zoroastrianism was entitled to the benefits of certain community trusts. The plaintiffs (Sir Dinshaw Maneckji those scriptures that were lost. Reliance aenturies. Petit; Tata and others) contended in this case is placed on the Ravayats. Zoroastrianism enjoins and practises The Ravayats are not, in any sense, conversion and that converts are authoritative scriptural writings of the “If sUCh gOOlamS (slaVCS) entMed ,o all the benefitsprovi^d. The ZorM«nan j kamjuks (female slaves) defendants (Sir Jamsetji Jeejeebhoy Plaintiffs own witness Sheriarji Bharu- , and others) while admitting that Zoroastrianism permits conversion state that "ever since their (Parsis) advent into India (they) have not admitted a Juddin (Person belonging to another religion) into their him unreasonable, reject it. The Ravay- fold. They admit, however, that children born of a Zoroastrian father by an alien mother has been admitted into their fold by the ter promulgated the religion revealed to him, circumstances must have existed proceeding on the basis that conversion mean Idolatry, or worship of some one ings never within the contemplation of the Prophet when he promulgated his It must be remembered that the religion—the enjoinment to propagate greater portion of the original and the Zoroastrian religion amongst aliens authentic Scriptures of the Zoroas- has fallen into complete disuse. It is pow trians—the Avesta Nasks—are lost and sought to put in force this ancient ordi- are not available to modern scholars, nance of the religion to proselytise All except about a fifth part of these aliens, and to disregard the custom and holy writings are lost, and no one knows set at naught the usage of the commun- what the behests of the prophet were in ity prevailing amongst them for many in this case is placed on the Ravayats. The Ravayats are not, in any sense, authoritative scriptural writings of the cha, they are writings of which one may make use, if it suits one’s purposes. If it agrees with one’s ideas of what the reli­ gion dictates, act on it ; if it does not conform to one’s opinion and appears to ats are supposed to be questions sent from India to Persia in comparatively recent times, and answers to such ques­ tions sent by men who are supposed to have faith in the good religion, then they should be taken, into the religion.” The Plaintiffs seek the assistance of performance of the Navjote ceremony." have understood the religion better than the Court, relying on the Ravayats and Daver in his part of the judgement ' * ’ ’ ” discredited the evidence, past and present, of conversion in India. In the two last instalments he spoke reliance is placed. One, at least, of the relied on as authorities, the person on of the traditions, circumstances and attitudes relating to conversion. those who sent the questions down to a report of a Committee of Experts them. selected from the Zoroastrian Com- There are three Ravayats on which munity. Surely, if these documents are statements made in the question put in whose behalf such assistance is sought the first of these three Ravayats seems must comply with the requirements laid to me to be so startling that one hesi- down ih these documents. Take an tates to place much reliance on the accu- important extract from the Expert racy of these Ravayats. It says that not Committee’s report. Only those persom 4I; No one knows what the behests of the prophet were in those scriptures that were lost. who, “with good object and pure inten- Expert Committee was : “What are the tion*. . after showing their fitness to be ceremonies that should be performed ?” 6' considered as Zoroastrians,” desire to To this question the Expert Committee faith. [ be admitted, then they may be admitted; give a very clear and definite reply: num, are essential to the proper admis­ sion of a Juddin to the Zoroastrian 1 be admitted, then they may be admitted; give a very clear and definite reply: We find that, as far back as 1836, in a but such admission'must depend on a There are to be three ceremonies: Istly, Resolution passed by the whole Pun- , most important condition being ful- after a year’s probation from the date of chayet, the “holding of the Burushnum” k filled, and that is that such admission the written application of the candidate, is stated as a ceremony necessary for should be allowed “if no harm of any he or she after undergoing the purifying investing the children of Parsi fathers by kind whatever could be done to the Zar- ceremony of Nahan, is to be invested kept-women. thosti Mazdyasnans themselves. ” with Sudra and Kusti in the same way as We also find from the published pam- Who is to be the judge of “good an ordinary Zoroastrian child ; 2ndly, phlets of both the late high priests, Dus- object” And “pure intention” of the can- the candidate is then to be given the toor Jamaspji and Dustoor Peshotam, diate and of his or her “fitness to be Burushnum; and 3rdly, the candidate is that, although they were divided in their consadered as Zoroastrian?” Surely, to be then reinvested with Sudra and opinion as to whether Reemun Burush- • not—as the Plaintiffs contend—the sol- Kusti. itary priest who, according to their This report is signed by tep experts, expert witness Sheriarji, is not bound to including Ijoth the high priests of the make any inquiries or ask anybody’s Parsis, one of whom performed the permission? And, above all, who is to Navjot ceremony of the 6th Plaintiffs judge that, by such admission no harm wife. Three of the signatories, however, , of any kind whatever could be done to make additional minutes. Mr. K. R. the Zarthosti Mazdyasnans them- Kama thinks the restrictions rather selves? Surely^ not that same solitary deterrent and the probation period too priest to whom a silver rupee may be long, and Messrs. Sheriarji Bharucha dearer than the welfare of the Commun- and Behramgore Anklesaria think that ity. the mere Navjot ceremony—the first of Take the Ravayats and let us see what the three Ceremonies mentioned in the they lay down. The first Ravayat is to report—is sufficient. Mr.K.R. Kama this effect : “We say that the Mobeds has not been examined before the num was or was not necessary, they are (priests) and Behedins (laymen) should Court. Mr. Sheriarji Bharucha and Mr. agreed that the nine nights’ Burushnum first take into consideration the religion Behramgore Anklesaria have both been was a ceremony essential to the admis- and the tenets of the religion and the examined before us. Sheriarji is the sion even of those whose fathers were safety of their own persons and prop- accredited apostle of the Society, whose Zoroastrians: and Dustoor Jamaspji erty, in order that (by so doing) they express aim is to reform religion and actually made the whole nine of the may not suffer any sort of harm. After disseminate it according to the views of Mazagon people go through the being satisfied with regard to the afor- the Society of which Mr. K.R. Kama is, Burushnum of the nine nights. The sons said matter, if they buy Juddin’s child- I believe, the head, and the opinions of of both these high priests are the present ren and having taught them Avesta, if those whose-convictions are based not high priests of the Parsis, and both of they take them into the good Mazdyas- on what the tenets of a religion are, but them have signed the report of the •nan religion, then that is a great meri- what, according to their view, they Expert Committee. torious act.” should be, cannot command much The second Ravayat relied on says: attention in a Court of Law. Mr. Ankle­ to be then reinvested with Sudra and Kusti. This report is signed by tep experts. One of the essential ceremonies necessary for the admission of a Juddin into the Zoroastrian religion is that of the nine nights’ Burushnum. A If that person properly observes the tenets of the religion and puts faith in What is of still greater importance is that one of the very Ravayats on which saria candidly told the Court that his the Plaintiffs base their contentions is opinions were based on his reading of very clear and explicit on the point: “If the religion, and if the good religion books only. such goolams (slaves) and kamjuks does not suffer harm (by such person coming into the religion), then it is law­ ful and proper to admit such person into i the Plaintiffs, including both the high they should be taken into the religion, the religion.” priests, deliberately lay down that the by investing them with Kusti, and when One of the questions submitted to the three ceremonies, including the Burush- they become cleVer, well conversant 5 We find, however, that seven out of (female slaves) have their faith in the ten experts in the report relied upon by good religion, then it is incumbent that* If a party chooses to enter a particular religion, he or she must go through the prescribed ceremonials however irksome they may be. with the tenets of the religion, and firm Jamaspji invested were, respectively, few weeks in the country and then feel in their religious faith, they shall be aged 20 and 19 ; and if they, who competent to write books and news- given Burushnum (they shall be made to claimed to be descended from Parsi paper articles about the manners and undergo the Burushnum ceremony). The Plaintiffs base their case on the of nine nights, how could a Juddin the peoples of India. Even the article on question of conversion on the Expert desiring to be converted to Zoroastrian- the Parsis in the “Bombay Gazetteer” is fathers, had to undergo the Burushnum customs, the feelings and sentiments of i Committee’s report and on the Ravay- ism be said to be properly converted if full of inaccurate and misleading state- ats. These documents are the founda- he or she does not go through this purif- tion on which they have built their case. Can it lie in their mouths to say : “We will rely only on such portions of them the Court and asked a few questions, as suits our case and we will repudiate The circumstances under which he was the rest.” If they rely on documents they called and not allowed to be cross- must take them as a whole, and it seems examined are recorded in my note to me quite obvious from the materials book. As both parties did not choose to available to the Court that, according to call him, and as he was not cross- the dictates of the Zoroastrian religion examined, I have thought it best to as expounded in the Expert Commit­ tee’s report and the Ravayats, and from evidence, the evidence, both oral and documen­ tary, one of the essential ceremonies necessary for the admission of a Juddin Zoroastrianism, the Plaintiffs’ Counsel into the Zoroastrian religion is that of relied on a great many books, such as the nine nights’ Burushnum. books written by historians and tra- The Expert Committee is most vellers and Journals of Societies, dic- emphatic in its opinion ; for, imme- tionaries, gazetteers, encyclopaedias, diately after naming the three ceremo- etc. As a counterblast to this, the nies, they say: “Such Candidates alone Defendants’ Counsel produced other who are admitted to the din (religion) after the performance of ceremonies in this way shall be entitled to all the rights as a Zoroastrian.” While this question was being dis­ cussed, (the plaintiffs’ counsel) Mr. Lowndes pointed out to us that the nine nights Burushnum was a ceremony that was extremely inconvenient for a grown-up female to go through. It is possible that the undergoing of this ceremony, in so far as it may involve the candidate going through certain forms, might not conform to some people’s ideas of decency, but that is a matter books of a similar nature. I have that we are not concerned with. If a expended a great deal of my time in party chooses to enter a particular reli- going over the passages relied on by gion, he or she must go through the both sides, and I consider the whole of prescribed ceremonials however irk- the time so spent absolutely wasted, some they may be. Most of the statements made in those It must also be remembered that two books are about as accurate as the state- of the Mazagon females whom Dustoor ment of modern travellers who spend a ments. icatory ceremony ? One sample will suffice : it says the Dustoor Kaikhushru was called by Persian emigrants in India had forgot­ ten their origin and their country. It would be wasting one’s breath to point out how utterly absurd this statement is. We were told the article was compiled by the late income Tax Collector of Bombay, Mr. Sirvai, and Mr. Bomanji Behramji Patell. 1 refuse to believe that refrain from makinganycomment on his Mr. Bomanji Patell, the author of the “Parsi Prakash”, could write such sorry stuff as is to be found in the article. 1 doubt if the late Mr. Sirvai wrote it. How any Parsi can write some of the things that are to be found in the article passes my comprehension. Mr. Sirvai On the question of whether it is usual and customary to convert Juddins to was dead, but when the suit was heard Tk 4 u A. » n » • • A ¦¦ ¦« ¦ a ¦ J A ^aII KVIAA AlsHrA The Zoroastrian religion not only permits but enjoins the conversion of a person born in another religion and of non-Zoroastrian parents. Mr. Bomanji Behramji Patell was alive and well, and he was not called to prove that the statements relied on by the Plaintiffs in the “Gazetteer” were cor­ rect. 1 have derived no assistance whatever from the books of travel, histories, dic­ tionaries, journals of societies, and var­ ious other publications cited before us, and I do not propose to spend any time in noticing any of them. To sum up this part of the case, on the question of conversion, the conclusions which I have arrived at on the evidence before the Court are :— I That the Zoroastrian religion not only permits but enjoins the conv­ ersion of a person born in another religion and of non-Zoroastrian parents. II That although such conversion was permissible, the Zoroastrians, ever since their advent into Indict 1200 years ago, have never attem­ pted to convert anyone into their 6I i religion. Ill That there is not a single iristance proved before the Court of a per­ son born of both non-Zoroastrian parents ever having been admitted into the Zoroastrian religion pro­ fessed by the Parsis in India. IV That the Parsi community of Bombay, at a Public Meeting held on the 16th of April, 1905, expre­ ssed its disapproval of any conver­ sions being allowed, and are strongly opposed to any such con­ version in the present times, and resolved henceforth not to admit even the children of Parsi fathers by alien mothers. V That, although conversion is per­ missible by the religion, there are certain conditions which the can­ didate must fulfil before becoming eligible for admission. The condi­ tions are that it must first be satis­ factorily established that he or she, in applying for admission, is anim­ ated by a good object and actuated by pure intentions, in other words, that he or she seeks admission from religious convictions and not from other considerations; and further, that the candidate is in all other respects fit to be admitted to the Zoroastrian faith. VI That such an admission of a person born outside of the religion is only permissible if it is established that by such admission “no harm of any kind would be done to the Zaxthosti Mazdiyasnans them- • selves.” VII That the ceremonies necessary to be undergone by the candidate for admission are (a) Navjot, (b) Bur- ushnum, and (c) a repetition of the Investiture ceremony of Navjot after Burushnum. VIII That only those persons who have undergone these three ceremonies are entitled to the full rights and privileges of a Zoroastrian. 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