Complete Issue
Jul 1982
woe Ha, Ha,
The Religious Vote
Shiavax R. Vakil
E’i
r
From the manner in which a particular exclude Parsis from the purview of the plebiscite taken? When India became
section of our community has been Bill (while another group simultane- independent, was a plebiscite taken
behaving one is inclined to come to the ously vehemently made a request to whether India should continue to be
conclusion that this section believes include them in the bill). Out of those under the British Rule or become inde-
Parsis to be a chosen race. Whenever a protagonists who are opposing inclu- pendent. If any plebiscite was taken on
social issue arises, they drag religion sion there is at least one who has given this issue, I am quite certain that a
into the picture to give the issue a colour his opinion in writing that Parsi Law majority of Parsis would have voted for
of piety, recognises adoption whereas the fact of continuation of the British Raj.
Consider for instance the question of the matter is otherwise. Lastly, may I put a poser to those who
Prohibition. When during the British Recently a seminar on adoption was advocate a plebiscite: If adoption is a
regime prohibition was introduced, it
was the Parsis who wished to be exemp
ted on the ground that their religion complained about the attitude of Parsis. understood how the Adoption Bill is
enjoined use of alcoholic drinks to be When a report of this seminar was pub- detrimental to the cause of the commun-
; offered during prayers when remember- lished one gentleman criticised inclusion ity and nobody has pointed this out yet
ing the dead. ‘Sharbat’ was changed to of Parsis and apprehended again that it except for making vague allegations.
‘Sharab’. What was the result thereof? would be an inroad to our religion There can be nothing like a communi-
The Trustees of the Parsi Punchayet, religion in danger. If the report is cor- ty’s point of view when the Parsis on
Bombay, were authorised to issue liquor rect, Mr Dadi Engineer stated that if a every question affecting the community
? permits ‘for religious purposes’ to Par- referendum was taken. Parsis woulrk are sharply divided. Let the community
sis. Meetings of Parsis were organised vote against their inclusion. I could realise that there are so many matters
I where prohibition was attacked on the never expect a more untenable argu- requiring immediate attention, but
ground that it trespassed on our reli- ment from a lawyer who is the next trus- neither the leaders of the community
gious rites. tee designate of C.E.R. for the Parsi nor the followers have time to think
The same is the case with adoption. A Punchayet. seriously about them.
meeting of the Trustees of the Parsi Are social legislations dependent on Is ‘religion in danger’, the only sheet
- anchor of our bigots? What unlimited
Secretary addressed the meeting and duced, was a plebiscite taken? When social tyranny can be perpetrated on the
suggested an amendment to the Adop- Jawaharlal Nehru introduced the Hindu community in the name of religion,
tion Bill. There was a group of Parsis Code, was a plebiscite taken? When When once I discussed a similar issue
who did not agree and sought an inter-
' view with the Prime Minister which was
duly given to them. This interview was
compared to the interview which She-
hanshah Akbar had with Dasturji
’ Meherji Rana!
They begged of the Prime Minister to
Recently a seminar on adoption was
held at which there were various speak- religious issue, is a religious issue to be
ers and naturally non-Parsi speakers determined by plebiscite ? I have never
I
Are social legislations dependent on
! Punchayet was held and a retired Law plebiscites? When prohibition was intro-
¦i
suggested an amendment to the Adop- Jawaharlal Nehru introduced the Hindu community in the name of religion,
Nehru introduced the Hindu Marriage with the Late Dasturji Daboo, he
<& Divorce Act, was a plebiscite taken? quipped, “What community? Where is
When Muslim ladies were given a right the ‘Com’, and where is the ‘unity?”
of divorce in 1939 under certain circum
stances was a plebiscite taken?
When certain laws like removal of
untouchability are promulgated, is a former trustee of the Bombay Parsi Punchayet.
Abridged and edited from the Bombay Samachar, 2 May
82. S.R. Vakil, legal adviser to the House of Tatas, is aPetit vs Jeejeebhoy X
The Tenets of the Founders
THE JUDGEMENT SO FA R
The Defendants called a number of
leading members of the Parsi
In 1903 R. D. Tata married according to Community—members of well-known
Parsi rites, a French lady, after having Parsi families who had made contribu-
her navjote performed. Tata claimed his tions to some of the Charity Funds.
wife “had become a Parsi professing They all said it was never their intention wife “had become a Parsi professing
the Zoroastrian faith and consequently that Juddin converts should profit by
their benefaction; in fact, they said such
a class was not present to their minds till
Sir Dinshaw Petit. His grandfather,
whose name—a name revered and cher
ished by every member of the
Community—he bears, was the
Founder of one of the Institutions in
question in the suit. The old Baronet
and the members of his family have
made most munificent donations to
some of the Charitable Funds. A pala
tial Sanitarium for Parsis and
she was entitled to participate in all
the charitable and religious Funds
and Institutions of the Parsis’including the present controversy arose. If this is tiai sanitarium tor Parsis and an
the right to enter fire temples and true of present times, it must be true of Orphanage for Parsi boys owe their
have her body consigned to the Towers remoter times and of people of former origin to the 1st Plaintiff’s family. The
of Silence. generations, who appear to be much first Baronet was alive till within a very
Thus the scene was set for the historic more fervent, not to say bigoted, in their few years from now. He was alive years
court case of Petit vs Jeejeebhoy, also religious beliefs and observances than after the 1st Plain tiff attained to years of
known as “The Parsi Punchayet Case." Parsis of the present day. discretion. As grandson and heir, he
The question before the two judges of All the materials available for the pur- must necessarily have been in constant
the Bombay High Court, Justice pose of ascertaining the tenets of the touch with his grandfather.
Frank C. O. Beaman and Justice Founders tend to show that they never Who could have deposed to what the
Dinshaw Dhanjibhoy Daver, could have intended their benefactions tenets of the late Sir Dinshaw Petit, the
was whether a person born in another to be for the use of Juddin Converts. Founder of one of the Sagdisand one of
faith but converted to Zoroastrianism One can gather the tenets of the Found- the largest contributors to Parsi chari-
was entitled to the benefits of ers by ascertaining the tenets of their ties, were with greater knowledge and
certain community trusts. j ’ ’ ’ . .
The plaintiffs (Sir Dinshaw Maneckji their descendants; and taking all the sur-
Petit; Tata and others) contended
Zoroastrianism enjoins and practises
conversion and that converts are
entitled to all the benefits provided. The out that the idea of admitting a Durvand
to their religion must at all times have
been repugnant to the Parsis of the
olden times. It is only on the advent of
“reformers of religion,” such as Mr.
Sheriarji and possibly the birth of the
reforming Subbha he served, that has
the right to enter fire temples and 1
have her body consigned to the Towers remoter times and of people of former
of Silence. generations, who appear to be much
court case of Petit vs Jeejeebhoy, also religious beliefs and observances than
All the materials available for the pur
pose of ascertaining the tenets of the
Founders tend to show that they never
could have intended their benefactions
to be for the use of Juddin Converts.
One can gather the tenets of the Found
ers by ascertaining the tenets of their
predecessors, their contemporaries and authority than the 1 st Plaintiff If he
could have told the Court that the tenets
rounding circumstances of the times of his grandfather were in favour of Jud-
into consideration I find that all the din conversion; that his grandfather
indications most unmistakably point approved of admitting Bhangis into the
........................... Parsi Community; that he had no objec
tion to Dubras being converted to
Zoroastrianism and their dead bodies
carried to the Towers of Silence; that he
would have looked upon a Mahar
Zoroastrian attending religious ceremo
nies at Atash Behrams with himself with
approval, he would have advanced the
case of the Plaintiffs much more effi
ciently than it was advanced by the evi-
defendants (Sir Jamsetji Jeejeebhoy
and others) while admitting that
Zoroastrianism permits conversion
state that “ever since their (Par sis)
advent into India (they) have
not admitted a Juddin (Person
belonging to another religion) into their instilled this idea of Durvand conver-
fold. They admit, however, that
children born of a Zoroastrian father
by an alien mother have been
admitted into the fold by the _ _ „
performance^ of the Nayjote ceremony. ” stated by their Counsel, why did they called on behalf of himself andHiTco-’
Plaintiffs.
Take, again, the case of the 2nd Plain-
sion in the minds of a very small section
of the Community.
If the Plaintiffs believed that the dence of witnesses such as Sorabji
tenets of the Founders were as was Punthakey and Sheriarji Bharucha,
Daver in his part of the judgement
stated that while Zoroastrianism
permitted and enjoined conversion,
not a single case of conversion in
India was proved before the court.
In the last instalment he tried to ascertain that if what was urged on their side was Community. The late Sir Cowasji con-
the views of the founders of the trust
in regard to converts.
)
not venture to come forward and give
evidence in support of their contention?
Not one single Plaintiff of the seven on tiff Sir Cowasji Jehangir, who bears the
the record came forward to give evi- name of his great uncle and adoptive - ,
dence in the case, and 1 venture to think father—a name always honoured in the i
their belief, they could have given valua- tributed largely to Parsi charities. The
ble evidence on their own behalf.
Take, for instance, the 1st Plaintiff,
present Sir Cowasji has himself given a
piece of land adjoining the Towers to the
A?
What is to prevail ? The tenets of the religion or the ancient
usage of those professing the religion?
/
What were his tenets? If a grandson
The grandfather of the Sth Plaintiff,
the late Mr. Framji Nusserwanji Patell,
was a
Parsi Community. What were the teneis
of the late Sir Cowasji, and what are his cannot tell us that, who can ? Surely he .
own tenets? knew. And yet Mr. Ratanji Jamsetji was a prominent member of the Parsi
Surely, when Counsel on Plaintiffs’ Tata, the 4th Plaintiff, did not favour Community, and so was his father. It
behalf succeeded in letting in a large the Court with his evidence! might have thrown some light on the
amount of hearsay evidence on the 1
ground that his witnesses had formed made a telling point against the Plain-
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Mr. Jivanji Mody, in his evidence, questions before us if he had taken the
' ¦ trouble to enlighten the Court as to their
independent opinions from what they tiffs, by stating that the French wife of tenets.
had heard, the 2nd Plaintiff, even if he the 6th Plaintiff, who is a prominent The 7th Plaintiff, 1 believe, belongs to
had no personal knowledge of his adop- member of the Tata family, was not the priestly class. He could have shed
tive father’s tenets, could still not pre- allowed to enter the Agiary built by the some light on the tenets of his forefath-
tend that he had not formed some head of the family at Bandora. Who ers, and generally of the priestly class of
opinion about the tenets of the late Sir could have given an effective answer to the Parsis, if he had wished to do so.
Cowasji from what he must have heard this, if not true, than the 4th Plaintiff? I am constrained to believe that if the
of his convictions, opinions, and beliefs.
Did the late Sir Cowasji hold as his tenet there was any objection to the body of a
this, if not true, than the 4th Plaintiff?
He might also have told us whether Plaintiffs’ case on this head was based
I on convictions, they would have come
that Durvands and Juddins, Bhungis Juddin Convert being disposed of in the forward and given evidence, and their
and Dubras should be admitted into the Tower built by his grandfather at Nav- absence can lead only to one very clear
Community and have access to Fire sari. conclusion: they knew the tenets of their
Temples, and be carried after death to
the Towers, and generally participate in Court and asked: “Now that this lady Founders; those tenets they knew were
his benefactions? Why does not the 2nd had eschewed her own religion and not the tenets their Counsel contended
Plaintiff state what he surely must know ? adopted Zoroastrianism, where was she they were; they abstained from ventur-
The 3rd Plaintiff’s grandfather, the to go for religious worship; and, in the ing to go into the witness-box, because
late Mr. Byramji Jijibhai, has endowed event of her death, where was her body they knew their evidence could not help
many permanent charities, some of going to be disposed of?” The obvious their case—they knew their evidence
which are purely Parsi charities. Was it answer seems to be: “Why should she would be destructive of the contention
his intention to give the benefit of the not make use of the very Institutions put forward on their behalf.
The 6th Plaintiff had a grievance
sari.
Plaintiffs’ Counsel appealed to the forefathers, they knew the tenets of the
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his intention to give the benefit of the not make use of the very Institutions
Parsi charities to Juddin Converts? founded by the late head of the family of
Why did not Mr. Rustomji Nanabhoy which she has become a member. The against the Defendants, because he
Byramji Jijibhai give the Court the Bandora Agiary and the Navsari Tower, believed they acted in a spirit of parti
benefit of his evidence? founded by the late Mr. Nusserwanji sanship in excluding his wife. He pro-
The tenets of the Founders of the Tata, should be at her disposal, if the posed to fight the Defendants. The other
Charitable Institutions in question contentions of the 4th Plaintiff, Mr. Plaintiffs sympathised with him, and, in
could, with great advantage, be ascer- Ruttonji Jamsedji Tata, are correct. He a spirit of chivalry, agreed to join him in
tained from the tenets of the Founders gave us no opportunity of ascertaining the fight if the fight included their grie-
of similar Institutions in other places. I from him what the tenets of his grand- vance; and hence a combination of two
find that the late Mr. Nusserwanji Tata, father were—tenets which surely he suits into one and a combination of two
the grandfather of the 4th Plaintiff, built must know. sets of Plaintiffs actuated by different
and consecrated a Tower of Silence at considerations.
Navsari. A full description of the cerem- With the 6th Plaintiff, Mr. Ratanji
ony of laying its foundation in 1877 and —Dadabhai Tata, I have the keenest sym-
of its subsequent consecration in 1878 is pathy. His conduct has been throughout
given in the book very largely used All the materials shoW that open, straightforward, and manly; and
before us at the hearing—Parsi Dha-
ramsthalo.
I find from the same book that in 1884.
Mr. Nusserwanji Tata built and dedi
cated to charity a Parsi Agiary at Ban
dora.
must know.
the Founders never could
have intended their
benefactions to be for the
use of Juddin Converts.
it has cost me no little regret to be driven
to conclusions which defeat the claims
he makes on behalf of his wife. After
marrying the lady, he brought her to
India, and she: went through the forms
of admission into the Zoroastrian reli-
3
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Ipo**- He obtained the approval to his
terms, from Mr. Jivanji Mody and from held that
Dastoor Darab, the two principal wit-
- nesses for the Defendants, on this part
of the case.
The social
J • • V" ***^ In Peshotan Hormusji Dastoor v.
wifes admission though m guarded Meherbai, the late Mr. Justice Scott
usage must prevail over tenets.
He says:—
“The Zoroastrian system would seem
not to have contemplated marriage in > - ---------- * AWKV Ill
aoaincf h reasons they now urge infancy. The marriage ceremony of
ga nst tier admission.seem to me to be Ashirvad includes a prayer or exhorta-
T»M T xwrx 1 /\i«TX* __ . « . r J
*
*
*
*
*
*
Wanted
OLD TOYS
Mechanical
Battery Operated
Wind-up
Also
OLD TOYS
like
Trains
Dinky Cars
Lead Soldiers
Dolls
Dolls' Houses
Piggy Banks
Etc. Etc. Etc.
Will appreciate your
sending a detailed list
of any
OLD TOYS
that you may wish to
sell together with
expected prices to:
OLD TOYS
C/o Parsiana
G.P.O. Box 892
Bombay 400 001.
*
*
*
frivolous. If social i---- _ j ’
these witnesses were the only reasons less if it
urged against her admission, I should capable of matrimonial union in every
summarily sense. The Zend Avesta contains many
I • • 1 .U r. . passages which exclude the idea of
too trivial, the Court in adjudging of the infant marriages.
reasons urged by tion to the parties which would be sense-
... --------- *• it were not addressed to persons
urged against her admission, I should -----" ’
brushing them aside. Besides their being
t— ................
rights of parties would not be governed
merely by social reasons such as
urged by the witnesses. _____ ...v m
For the reasons I have recorded Persian, can only be applied subjecuo
come to the conclusion that any well-established usage.
"But custom seems to have wandered
were from the pure doctrine of the Zend
Avesta; and the law, whether English or
even if an entire alien—a Juddin—is
duly admitted into the Zoroastrian reli
gion after satisfying all conditions and
undergoing all necessary ceremonies, he s^aiciu oom o
or she would not, as a matter of right, be Persia. But it was all unwritten'and
entitled to the use and benefits of the gradually fell into desuetude, and this
Funds and Institutions now under the ' -- - --
Defendants’ management and control;
that these were founded and endowed
only for the members of the Parsi Com- „
munity; and that the Parsi Community were forced to dwell
frTm'll/ descended uu/juagmem is tnat,
and whn\rrh "’Migrants, although-according to the tenets of the
and who are born of both Zoroastrian "
parents, and who profess the Zoroas
trian religion, the Iranies from Persia
professing the Zoroastrian religion, who
“When the Parsis settled in Western
India eleven hundred and seventy years
ago, they probably brought with them a
^ystem both of law and custom from
t was all unwritten and
mere handful of Persian strangers grad
ually and naturally adopted much of the
law and usage that obtained in the
Hindu community, in whose midst they
— — * •• M
Theieffect of this judgment is that,
Zoroastrian religion, as gathered by the
learned Judge from the Zend Avesta,
the Ravayats of which he speaks as the
opinions sent by the wise men of Persia
and from other sources—infant mar
riages were not permissible or legal, a
usage had sprung up amongst the Parsis
„ ,_______J
allowed usage to prevail over the tenets
of the religion and held an infant mar
riage to be legal and binding, though
not permissible or legal according to the
tenets of the Zoroastrian religion.
There are very clear authorities for
n
It is only the advent of ___ ____
“reformers of religion,” that performing infant marriages, and he
has instilled this idea of "
Durvand conversion.
come to India, either temporarily, or
and the children of Parsi holding ih'atT
fathers by alien mothers who have been —’
duly and propeMy admitted into the reli
gion.
I ought not to conclude the considera- n
tion of this branch of the case without with ancient
referring to two cases relating to Parsis,
decided by our Courts, which have, I ......... ami«
J””®]. *“1’°.’’^^”^ o" are not entitled to
Zoroastrian religion j _____
enjoins conversion, therefore admit
ancient usage prevailing amongst a
community must over-ride such of the
tenets of their religion as are shown to
have fallen into desuetude and conflict
—..t usage prevailing in the
community.
The result is that I hold that the Plain
present question. The Plaintiffs say: the claimed by them in this branch offhS
Zoroastrian religion permits and case, and I would dismiss their suit so far
therefore admit as it seeks relief on all points relating to
Defendants say: the usage theconversion of Juddins and their right to
of 200 years IS not to admit such Jud- participate in the Charitable Funds and
Institutions in the possession and under
tenets of the religion or the ancient
usage of those professing the religion?
4
as It seeks relief on all points relating to
participate in the Charitable Funds and
of 1200 years is not to admit such Jud-
such admission. What is to prevail ? The the management of^t?;: Defendants
Next issue: Justice Beaman’s JudgementAek Aimakcuha
rZze' Bangalore
Cemetery Controversy
The Life of Dastur Dhalla - XXVI
Those who silently regarded with con
tempt the system of disposing of the
dead at the Tower of Silence, now pub
licly vilify it as an uncivilized and grue
some custom. They do not stop at
vilifying it but have begun to take^rac-
tical steps against it -whenever oppor
tunity arises.
Twice since the start of the century
have they been unsuccessful in their
move to dispose of the corpse by crem
ating and now they are turning their
attention to burying the dead. It is
obvious that the question of burial
Aek Atmakatha is the autobiography of the late Dr. Maneck Nusser- would not meet with as strong an oppo-
wanji Dhalla, high priest of the Pakistan Parsis and a scholar of world sition as that of crematorium. Although
repute. This is the 26th edited and condensed extract from the book ouch the corpse at all, yet the
“Dastur Dhalla - The Saga of a Soul” —• an English translation by majority believes that if not directly at
Gool and Behram Rustomji of the original Gujarati, published by the least indirectly the corpse comes in con-
Dastur Dhalla Memorial Institute, Karachi. tact with fire. As fye is the most sacred
symbol of the faith, its use in disposing
of the corpse in any way is accounted as
In our community since some time a a desecration of the holy fire and an
new awakening and a fresh vitality is unforgivable sin.
apparent amongst a group of people
in utilizing the crematorium the fire
does not touch the corpse at all, yet the
THE STORY so FAR
Born to a poor Dastur family in Surat on
27 August 1985, Dhalla moved with
his family to Karachi three years later.
• He was married to five-year-old
Cooverbai when he was eight years old.
After failing his matriculation,
Dhalla sought employment while
educating himself in religious mattei
With the assistance of the Karachi
¦: Since 2500 years the Vendidad lists
known as the reformist party. Three cremation and burial as sins. Yet public
decades ago the Rast Goftar, the power- feeling is stronger against cremation
ful instrument of the reformist party, than against burial. There are two rea-
the Parsi and similar reformist monthly sons for this. The first is that the corpse
magazines had to close down. Old news- is considered to be the greatest impurity
papers giving publicity to orthodox in the Zoroastrian religion and fire the
views gathered strength and new jour
nals supporting them came into exist-
purest of God’s creations. According to
science, fire burns and purifies the
Parsis, Dhalla studied Iranian languages ence. TTie only reformist organization, uncleanest and impurest thing. Nothing
in Bombay and then proceeded to
Columbia University in New York,
where he was awarded a Ph.D. in 1908.
On his return to India he was
nominated head priest of Karachi in
which capacity he tried to critically ¦
evaluate old religious beliefs and
customs in the light of his broadened
outlook.
This approach caused him to clash
with the more orthodox section of
the community and he became involved
in several religious and social
controversies.
But despite the opposition, Dhalla
proceeded with his efforts to
educate the community and resolve
old conflicts.
- One of Dhalla‘s prime concerns was
the intellectual, spiritual and financial
condition of the priesthood. In the
last three issues of Parsiana
Dhalla spoke of “the accident of birth
creating our dastoors and our mobeds,” vate. Today many people do not hesi-
and of the steps taken to create a tate to speak and write and inform the
more enlightened priesthood. masses 1
I In the last instalment Dhalla wrote of sacred symbol of the Zoroastrian faith.
I the problems a liberal priest faces in
tending to an orthodox following.
I
the Rahnumai Mazdayasnan Society, can make it impure, as it is God’s
on reaching its seventies was withering supreme medium of purification. Yet,
with age, whereas a couple of new asso- carried away by sentiment, Zoroastri-
ciations were born which propounded ans faithfully believe that the contact of
orthodoxy. With the demise of the
Zoroastrian Conference the reformist
group disintegrated while the members
of the orthodoxy, through their socie
ties, and the regular publication of their
newspapers and magazines have formed
the only consolidated body.
In the absence of an organization or a
constituted body, the reformists were
unable to unite and adopt their resolu-
fire and the corpse are sacriligious. The
other reason is that the community is
accustomed to the traditional idea of
burial wherever it is not convenient to
have a Tower of Silence.
It is nearly 1,200 years since our fore
fathers came to settle in this sub
continent. The community’s history of
the first centuries is incomplete. Notes
regarding the Tower of Silence can be
tions, yet their opposition and dislike of found only in the beginning of the 14th
the orthodox party is ever on the
increase. Due to their irritable tempera
ment they have now lost patience and
have become aggressive. They are eager
to give vent to individual outbursts.
Since a long time there have been
stray cases of people not wearing the
sudreh and kusti, but that was in pri-
century, while those on the system of
burial at the end of the 18th century. In
1777, as plague broke out in Bombay,
the proportion of deaths increased, so
that the two existing Towers of Silence
proved insufficient. As a result the
Bombay Panchayat enclosed a piece of
land near the Doongervadi by high
walls, dug a hole in the centre and
placed the excess corpses in it. The Pan
that they have discarded this chayat asked for the opinion of the Nav-
¦ - - . _ sari Anjuman whether this mode of
Those who formerly smoked in secrecy disposing of the extra dead bodies was
today blow puffs of smoke openly, valid or not according to the religion.
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Taking into consideration the unusual burial. During that period, those in of the Divan. Moreover, even before a
circumstances, the gentlemen at Nav- favour of burial obtained from the proper permission was given to build a
sari decided that it was justified. government a plot of land near Poona Tower of Silence, they had constantly
It is to be noted that the Bombay on'behalf of the community. On receipt endeavoured verbally and in writing to
Anjumandid not bury the excess corpses, of an objection from authoritative sour- secure a promise from the high author-
but left them open to the elements near ces that those people had no right to ask- ity of the government that even after the
construction of a Dakhma, those who
desired to bury their dear ones in the old
so they challenged the legality of this cemetery may have the right to do so.
action and managed to secure land else- Somehow when the Anjuman had first
The new controversy of burying the use as a cemetery, a clause had been
ence reached its zenith in Bangalore. At utilized as a burial ground, the govern-
an invitation from one party, my wife
and I went to Bangalore in the beginning ement, On the strength of this queer
Approximately 300 Zoroastrians Dakhma comes into existence those
the Tower of Silence. This is worth keep- for the land in the.name of the commun
ing in mind. Is it possible that in those ity, the government withdrew its permit,
days, in places where there was no Tower
of Silence, the custom was to leave the
corpse open to the sun’s rays on the top where. secured from the government land to
of a hill or mountain between four walls '
as mentioned in the sixth chapter of the dead even where a Dakhma was in exist- added that if in future that land was not
Vendidad? For lack of sufficient evi
dence, it is impossible to pronounce an an invitation from one party, my wife ment had the right to reclaim its manag-
opinion with authority. and I went to Bangalore in the beginning ement, On the strength of this queer
The first written comment to be found of 1941 to lend our humble services in condition, the Divan comforted the
regarding burial is in 1793 when a pit cementing the rift there. Aramgah party that even after the
was made near Talcheri along the Mala- ‘ “
bar Coast. From the middle of the 18th reside in Bangalore. There have been who wish to make use of the cemetery
century our co-religionists started going examples of establishing a Dakhma in may continue to act according to their
to various parts of India and outside cities that are inhabited by so many own inner beliefs without anyone’s
India to China, Colombo etc. for trade Zoroastrians, hence, there was nothing interference.
and commerce. Thereafter, wherever surprising in leading, wealthy, co- Similarly the Aramgah party insisted
they went, cemeteries were established to religionists living there or those visiting upon the Anjuman that even though the
bury the dead. Later, in cities whose Bangalore annually for business, mak- Dakhma be constructed and thrown
population grew, a Tower of Silence was ing a move to establish a Dakhma there, open for use it would allow members of
built and with its establishment the The orthodox rich do charity in the the opposition to follow their own incli-
cemetery was no longer utilized. name of religion or the middle-class give nation and use the cemetery as a burial
Under somewhat strange circumstan- their share and believe they are reapinga ground. Fearing that the Divan would
ces an exceptional example has been reward of virtue. Such people attach not grant permission to construct the
noted at Madras. In 1796, a small
‘Dakhma’ was built there. But it is said
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prime importance to establishing Agya- Tower of Silence without such an assu-
ris, Atashbehrams, Dakhmas and sim- rance and consequently the scheme
that a superstition was circulated that it ilar religious institutions. This is the would fall through, and in the hope that
W£)C npcpccar\r frt nlacA nP o zMioti*-» nil ?Uyi ______ xi________________________ i____?iy. _ ____ _ •
Never before has a move to establish a gave them half-hearted assurances to
was necessary to place the corpse of a custom in all the communities of the once the Dakhma was built, the opposi-
young girl, first in the newly-made world. As soon as the scheme of build- tion party would respect the will of the
Tower of Silence. Guided by this super- ing a Dakhma at Bangalore was made community and deem it wise to with-
stitious notion, the use of the Dakhma known this large section welcomed it draw their opposition, some of the
was avoided and the cemetery continued with open arms as a noble and pious office-bearers of the Anjuman in order
to be utilized. enterprise and gladly acclaimed it as a to appease the advocates of the Aram-
Thus the practice of burying the dead practical scheme. gah, privately and publicly, unwittingly
in a cemetery was accepted as a last Never before has a move to establish a gave them half-hearted assurances to
resort by the majority of the community Dakhma met with such a persistent, allow them to do as they pleased.
in the absence of a Dakhma; although it vehement, systematic and constitutional When the Dakhma was ready and its
is a sin to do so, God would bear in mind opposition as was put forth by a small inauguration ceremony over, the Anju-
the desperate circumstances of those group known as the Aramgah party, man sealed the doors of the cemetry and
doing so and would forgive them. But Dissensions and disputes, speeches and announced that henceforth its use as a
those who are patronizing the cemetery articles for and against kept mounting, burial ground would cease. The Aram-
since some years are doing so because of The Bangalore battle began to be fought gah party immediately took up the
their personal disapproval of the in the Bombay papers. Those in favour cudgels and requested the government
Dakhma and their own love of burial, of the Dakhma warned the community to take away the management of the
and they are eager to scorn that ancient to beware of their opponents whom they Aramgah from the Anjuman and to
custom., ... _
Since a decade a small section of the
community has started publicly oppos- ously towards this religious and virtu- issued a warrant against the Anjuman
ing this age-old practice of placing the ous enterprise so as to witness its warning them that should they refuse to
corpse in the Tower of Silence. So far no fruition. And the community from all grant anyone permission to use the
one had ventured to bury where a quarters lost neither time nor energy in cemetery, the government would, as per
occured in Surat and Poona during the needed.
last decade. At the death of a wealthy
lady at Baroda, her dear ones did not
place her corpse in the existing Tower of party, but from the beginning the latter adjacent to the city, so that just in case
termed as heretics, non-Zoroastrians, hand it over to them. Before any deci
corpse burners etc. and to donate gener- sion could be arrived at, the government
Dakhma existed. The first two examples contributing double of what was agreement in the documents, take over
the management of the Aramgah. In
The majority, both in Bangalore and addition the Aramgah party, exerting its
in Bombay, was against the Aramgah influence, acquired a new plot of land
X - «------ ------ ------------------wujuvviii VW iiiv vvvj, 3v uiaLjuai 111 vasC '
Silence there, but took it to Godhra for had managed to win the full sympathy the old burial ground was not available.i
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the new land could be used and their aim reserved the right of management and exhibit a broad-minded attitude and to
could be achieved at any cost. the Divan’s—i.e. the government’s— desist from hurting the community.
Never has such an occasion arisen obvious sympathy towards the advo- The ladies of the Aramgah party
before. In places where a cemetery cates of the Aramgah—all went against informed me that they did not wish to
existed, on the establishment of a the Anjuman. hurt the feelings of the majority of the
Dakhma, without any opposition, auto- ,
matically and with the unanimous con- Silence had been established and, obstructing those who wished to patron-
sent of the Anjuman, the use of the according Jo the practice of centuries, ize the Tower of Silence in accordance
cemetery has ceased. According to tra- the cemetery should be closed. For, with the dictates of their conscience and
dition, the Bangalore Anjuman had the should it be otherwise, it would deal a their own religious principles. But just
right to close down the cemetery. But severe blow to the sentiments of the as they viewed the sentiments of the
the assurance that it is supposed to have extraordinarily large majority of the majority with respect and tolerance,
given that even after the Dakhma was orthodox group of the community by they asked for naught but a similar
inaugurated, those who desired may the admission of a new custom of con- treatment towards the minority. Our
continue to use the cemetery; the clause flicting systems of disposing of the dead community was educated and cultured
included in the document at the time the in a single city at one and the same time, and their only request was to be granted
government granted the land to the Under the circumstances, my main job their individual rights,
community that on the cemetery not was to appeal to the good sense of the
being used as a burial ground, it saner members of the Aramgah party to
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Viewed from any angle, the Tower of Artjuman. They were not in any way
right to close down the cemetery. But severe blow to the sentiments of the
To he eo/iiinued
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From the archive
