“Disawalla’s dismissal”

"Disawalla’s dismissal” (Parsiana, November 2001) makes startling reading and bears testimony to the high-handed and arbitrary behavior of the trustees of the Bangalore Parsee Zoroastrian Anjuman (BPZA). It is unequivocally a case of discrimination and victimization on the alleged ground that he does not believe in dakhmenashini as provided in article 4.1 of the Rules and Regulations of BPZA. This is conspicuous by the trustees remaining silent spectators as regards other Parsis not believing in the said system. Dr M. D. Disawalla is a long-standing resident of Bangalore, having held high positions in the medical field, and commands great respect in Bangalore. Being singled out for dismissal attaches a stigma to his untarnished reputation as a respected elder of the community.

The ground given by the trustees is merely a subterfuge. The real ground is that Disawalla does not toe the line of the trustees, and has the courage and pragmatism to fearlessly criticize not only them for their acts of omission and commission but also the clergy for uncalled for interference in BPZA’s affairs.

Though Disawalla is a strong believer in the burial or cremation system, he has never influenced any member of the community against the dakhme­nashini system, but has on the contrary assisted those who believed in that system. In view thereof enlightened members of the community will not be misguided by such vindictive treatment meted out to him by the trustees.

On examination of the views of eminent scholars [including Dastur (Dr) Maneckji Dhalla], the Mysore High Court held that the dakhma and aramgah can co-exist and that any Parsi is free to select the system of burial, even where the dakhma is in existence. In view thereof article 7.4 providing for dismissal of a member not believing in dakhmenashini, being repugnant to the judicial principle laid down by the High Court as above, is liable to be challenged as being null and void and ineffective in law. (Similar principles apply to article 4.1 and clause 14 of the trust deed regard­ing BPZA.) In this connection Prof A. R. Wadia, a renowned scholar of the University of Bangalore, suc­cinctly observes in his book on the above case: "We have established the principle that dakhma is not a matter of religion.” A fortiori dakhmenashini is also not a matter purely relating to religion, but is a matter governed by the relevant provisions of the trust deed, clause 14 in the present case.

In view of the above when the relevant trust deed governs the field, the view expressed by the high priests and religious fundamentalists against burial and cremation is not justified and should not be given undue weight and importance in the matter.

Much as Disawalla or some other persons might like to see a battle in court revived, I would not. I am afraid that would split the community in India which is already greatly diminished. We must wait for a meaning­ful consensus for the purpose. It will also come in time. Being an octogenarian, it will not be in my lifetime, but hopefully it will be in the lifetime of some of the readers of this letter. In the meantime wiser counsel demands that parties concerned discuss objectively the whole matter and come to a negotiated settlement in the larger interests of the community.

RUSTOM GAE

New Delhi

Dismiss (terminate!) a life member? Never heard of nor imagined. A life member, by definition, means a member for life and/or the life of the organization. Since Disawalla is alive and well, the said organization, BPZA has to be liquidated before its life members may have their designation terminated.

To the trustees and officers of the BPZA we say: grow up, wake up, and live up to your assumed stature and corresponding responsibilities. Your petty squabbles amount to no more than "I said, you said, he said, she said.” Take counsel from Zarathushtra’s words recorded in Yasna 30.2 instead of invoking antiquated statutes dusted off the bookshelves. Be introspective rather than egoistic: it’s our deeds that we ultimately take with us — not our egos.

Who loses? Surely not Disawalla, but the Zoroastrian community of Bangalore for not acknowledging and incorporating the expertise and wisdom of this man. May good judgment prevail and the debacles cease.

Dr MEHROO M. PATEL

Westchester, Illinois, USA

We were deeply grieved to learn of the unilateral, autocratic and disgraceful act, perpetrated by the clergy/BPZA, to castigate and expel from its membership a well respected gentleman, a distinguished senior citizen and a true and genuine Zoroastrian — Disawalla.

During our long stay in Bangalore, we had found members of our community extremely friendly, helpful, cooperative and have fond memories of the good times we had there. The members of our community are well educated, endowed with sufficient knowledge, common sense, are thoroughly enlightened and fully capable of taking care of themselves. They do not require diktats from the clergy/BPZA. The clergy/BPZA seems to have assumed the role of schoolmasters to prepare the students to be fit enough to cross the Chinvat bridge. Do as you are told, otherwise how will you cross the bridge and go to heaven? Please God forgive them for they know not what they are doing!

The clergy/BPZA seem to have found an excuse — a rather untenable one — to castigate and expel Disawalla from the membership of the BPZA, just because his ideas were not in tune with those of the BPZA in regard to dakhme­nashini. Due to certain unfortunate incidents which had taken place in 1982, I had conveyed to the clergy my intention to be cremated. Many others who are members of the BPZA as well as the Gathic Anjuman held the same view. The question arises, why were they not expelled then?

Disawalla, being a qualified and experienced medical practitioner, is well versed with all the aspects of hygiene and environment and therefore compe­tent to talk on dakhmenashini. Perhaps he is the only one amongst all the Zoroastrians of Bangalore who can speak on the topic with authority and from the scientific point of view. Instead of heeding his advice, the clergy/BPZA have thought it fit to expel him from the membership of BPZA. Is this a justi­fiable act?

The body of a dead person is nothing but flesh and bones. It does not matter how it is destroyed. But it can be done with dignity to the satisfaction of the people who have lost their dear ones. For how long are you going to remain adamant on the old system? Adopt cremation, the simplest and the most appropriate meth­od.

The two recent incidents in Bangalore, namely the expulsion of Disawalla and the insult and humiliation meted out to Rustom Gae of Delhi, have perturbed us deeply. These issues are of a very serious nature, requiring prompt action in order to maintain peace and unity within the community. Unknowingly the clergy/BPZA are riding a high horse, disregarding normal behavior of decency and decorum, which clergy, trustees, anju­man/institutions are expected to observe. Let us not tarnish the good name and goodwill built up by our ancestors whose hard work, toil and sincerity have paid us great dividends.

It is only great and noble souls who have the courage to shed their ego and accept their mistakes.

DALI J. GUNDEVIA