Double jeopardy

While some of the Bombay Parsi Punchayet (BPP) trustees and their orthodox allies continue to seek adjournments on their application for introducing adult franchise, in Ahmedabad the way has been cleared for fresh elections to be held. In a letter addressed to "Humdins” former Ahmedabad Parsi Panchayat (APP) trustee Porus Karanja­walla and former committee member Firdose Kapadia state that the deputy honorary charity commissioner at the last meeting on December 18, 2006 "gave her sanction to the amendment.” The duo had alleged that the present APP trustees had not called anjuman meetings or elections as the "amendment to the constitution of APP passed in its AGM on December 10, 2000 for allowing ladies to contest for the post of president/trustees/joint secretary had still not been cleared by the charity com­missioner’s office.”

Karanjawalla and Kapadia alleged the APP had not made an effort to expedite the hearings and that it was the two of them "who initiated the process by contacting the office of the Charity Commissioner.”

The pair called on APP president Areez Khambatta and the other trustees to "declare/conduct elections, as per their commitment in APP’s circular dated August 3, 2006.”

As regards the BPP, discussions are reportedly under way as to whether the trustees should rescind the undertaking given to resign when fresh elections are held under the proposed adult franchise scheme. Or even withdrew the petition for adult franchise. The understanding was that The World Alliance of Parsi Irani Zarthoshtis (WAPIZ) and The Alert Zoroastrians Association (AZA) would not pursue legal recourse to throw out the trustees following the resignation imbroglio in return for which all the trustees would voluntarily step down. WAPIZ however went ahead with their case in the Bombay High Court — to oust the four trustees who resigned — which was dismissed by Justice Roshan Dalvi on technical grounds. The AZA petition is reportedly still pending in the charity commissioner’s office.

In the meanwhile the new Anjuman Committee has been formed under the existing scheme without any election as the required number of valid candidates filed their applications.

In a public notice published in the Jam-e-Jamshed of February 18, 2007, the BPP chief executive Behram T. Dastur noted, "Nominations were requested for 2,336 members to be elected from 11 constituencies. By the last date for filing nominations which was January 29, 2007, we received 2,413 nomination forms. After scrutinizing the forms, 22 nomination forms were found to be defective and were declared invalid. Further it was found that 53 nominations forms were received in duplicates from the same candidate and those received later were therefore declared invalid. There were three withdrawals. Thus 2,335 valid nominations have been received till the last day of withdrawal which was on February 16, 2007. It is hereby announced that the 2,335 members are declared elected unopposed as elected members of the Anjuman Committee.”

The total electorate thus stands at 2,335 + 1,168 donors = 3,503.

The question arises as to whether the trusteeship vacancy created by the death of sitting trustee Silloo Kavarana should be filled by the new Anjuman Committee or by adult franchise. The AZA and their lawyer Navroze Seervai urged Bombay High Court Justice S. A. Bobde to conduct the election through adult franchise and not adjourn the matter further. The next hearing is on March 6, 2007.

In an open letter to BPP chairman Minoo Shroff, The Bombay Samachar columnist Berjis Desai commented (February 25, 2007), "The new Anjuman Committee has so obviously been packed. As PTA (Parsi Tari Arsi) has predicted, on the last day, the exact number of candidates withdrew to ensure that there was no election at all to the Anjuman Committee... In the meanwhile, however, the packers, delighted with their success, have now only to ensure that the election petition to bring about universal adult franchise is frustrated. The first weapon that they used in this effort was the originating summons to get four of the trustees including you (Shroff) out of office. When that weapon failed, the next weapon is now somehow or the other to convince you to withdraw this petition. Even this thought is sacrilegious. We are amazed at the temerity of these trustees (two of them officers of the High Court of Justice) to even believe that they can solemnly affirm an affidavit in the Court to bring about universal adult franchise, and within months, without any reason or cause, to withdraw it!”

Bungli resolution rescinding

The Bombay Samachar of February 19 carried letters from three trustees stating their views on the rescinding of the resolution passed on February 6, 2001 allowing the use of the Doongerwadi bunglis for funeral prayers by those opting for disposal of the dead by means other than dakhmenashini. In his letter dated January 16, 2007 BPP trustee Burjor Antia stated, "In my humble opinion, the said resolution is clearly illegal and invalid as it is contrary to the provisions of our trust deed dated August 1, 1884.

"In my further opinion, the trustees have no power to judge or decide any religious matter, more particularly, when our high priests have given written opinions against such proposal.

"As leaders of the community, the trustees of Parsi Punchayet are duty bound to uphold our trust deeds and the time tested age old religious system of dakhmenashini and should not do anything which hurts the religious feelings of (the) majority members of our community. Moreover, the trustees should never be cowed down by malicious campaign(s) in certain sections of (the) media against our age old system or the pressure brought by a few elite members of the community. Our trustees should have (the) courage of conviction, character and integrity to uphold our trust Deed and its provisions.”

Maneck Engineer stated (letter dated January 18, 2007), "I would like to place on record that neither Antia nor I, were trustees when the resolution was passed in February 2001 nor were we party to the decision to keep the resolution in abeyance. Thus, only four of the present board of trustees were privy to the discussions that took place at that time.

"It therefore came as a surprise that the discussion to rescind the resolution which has stood undiscussed and undebated for almost six years was pushed through with such a hurry. The discussion on revoking of the 2001 resolution was not even on the agenda that was tabled for the meeting. Yet simply because Berjis Desai wrote an article in The Bombay Samachar we rushed into this discussion without proper preparation or application of mind. I am aware that four of my colleagues had some discussions on December 19 when I was not present. This sadly was known to Desai, as is obvious from his column, but not to me!

"During the meeting I tried to raise this issue on a couple of occasions but found that in our haste my colleagues were not very receptive and thus I have chosen to record my views…

"I am confused as to why a small article in the Samachar should force the trustees to take this hasty step. I am aware that many legal luminaries have expressed their opinions on this issue. I am also aware that even as some legal experts have held that according to our trust deeds the bunglis are only to be used for prayers for those who choose the method of dakhmenashini for the disposal of their bodies, others have been equally positive in their opinions, which are diametrically opposite. As a layman I cannot claim to understand or interpret the laws regarding our trust deeds but I would certainly like to read and discuss all such opinions before taking what I hope would be a knowledgeable and informed decision.”

Dinshaw Tamboly noted (letter dated January 16, 2007), "In the press note dated March 4, 2001, jointly issued by colleagues Minoo Shroff, Dadi Engineer and me under the title ‘Let Sense Prevail’ and published by (the) Jam-e-Jamshed in its issue of March 11, 2001 it has been clarified that the decisions were taken by the board of trustees, with due deference to the laws of the land and after objective and exhaustive debate and discussions…

"We live in a democratic society, governed by laws that bestow on everyone – individuals and institutions — certain rights, duties and obligations. Irrespective of religious denominations, individual preferences and beliefs, customs and long practices, all of us have to submit to the law of the land.

"These like-minded individuals have now formed a group [Disposal of the Dead with Dignity-Action Group (DDD-AG)] to exercise a privilege that is theirs, a fact confirmed by legal opinion.

"The thrust of this group is that they are in no way seeking any change of the present system. They maintain that those who desire to pursue the existing system are free to follow the same.

"The specific concern of this group is that those who are its members are also Zoroastrians, vested with a right, that allows them the freedom to choose their mode of disposal and the community infrastructure that is available for all Zoroastrians, cannot be denied to them.

"After much deliberation, a perusal of our trust deeds and advice from the legal fraternity, we (trustees) arrived at the conclusion that it was indeed, under law, obligatory for us to allow the use of bunglis to those who wished to have the prayers performed at Doongerwadi and thereafter remove the body to a place other than Doongerwadi for cremation or other mode of disposal.

"It should however be known that the trustees took the decision not only in due deference of the law, but also to save the existing system, sustain and strengthen it…

"I do not see any logic or wisdom in rendering as inoperative and nugatory, a sound decision, taken in all sincerity, after due deliberations and in deference to the laws of the land. I in fact, strongly recommend to the board that instead of rendering the decisions taken on February 6, 2001 inoperative and nugatory, we should go ahead and implement them…

"The Doongerwadi issue being as politically charged as it is, I would once again reiterate what I have always maintained before, and that is, whilst I am personally not in favor of establishing any form of alternate method of disposal on the Doongerwadi estate, I hold the view there is nothing wrong in allowing the four-day obsequies at Doongerwadi for those opting for alternate modes of disposal, especially as the system of dakhmenashini has weakened and is not functioning as it should.”

Partially covering the dakhmas

Modifications to render the present system of dakhmenashini more efficacious were discussed by the six trustees of the BPP, several priests and community activists on February 6, 2007. In a letter dated February 14, 2007 addressed to the editors of the various Parsi publications, Shroff noted, "There have been suggestions received that the trustees should start using the Banaji dakhma which has been in disuse for the last three decades.

"Various options were explored and a viable solution was arrived at the joint meeting held by the trustees with a group of knowledgeable members of the community including high priests, religious scholars and technologists.

"The trustees were heartened that considerable interest was evinced by a wide cross-section of our community. On February 6, 2007, at the request of these individuals, a joint meeting was held at the office of the BPP when the following resolution was passed…

"Resolved that the Banaji dakhma which has been in disuse for the past three decades be put to use once again by having it partially covered with a rain-shelter.

"Further resolved that along with the rain-shelter either solar concentrators/hot air ducts be used to expedite the process of dehydrating the corpses in the future.

"The two High Priests present at the meeting along with the scholar-priests and others present at the meeting advised the trustees that such a proposal would strengthen the system of dakhmenashini without compromising doctrinal principles.

"All those present at the meeting felt that the process of implementing the above proposal should be taken in hand on a priority basis, subject to statutory approvals.”

The signatories are: Dasturs (Dr) Peshotan Mirza, and Khurshed Dastoor, scholar-priests Dr Rooyinton Peer, Dr Ramiyar Karanjia and Parvez Bajan, Dr Jimmy Sidhva, eminent radiologist and religious scholar, Dr Homi Dhalla, eminent religious scholar, Noshir Dadrawala, religious scholar-cum journalist, Prof Khurshed Sheriar, member-Doongerwadi committee and retired professor, Porus Master, architect, Tahamtan Aresh, philanthropist of USA, and BPP trustees Shroff, Dinshaw Mehta, Dadi Engineer, Tamboly, Maneck Engineer and Antia.

In an e-mail to Parsiana Dhalla elaborated on the new proposal "last July, at a meeting with the trustees of the BPP, I proposed the idea of covering the Banaji dakhma, which had remained unused for about 30 years. I further explained that this would serve three useful purposes. Firstly, this could act as a screen preventing the residents of Grand Paradi Apartments from looking into this dakhma. Secondly, it could aid the process of dehydration of the bodies by preventing them from getting wet in the rains. Thirdly, as one of the three operating dakhmas is closed for cleaning for a few months every year, this additional dakhma would certainly help…

"After elaborate discussions with architect Master, a plan was drawn up to have a partial cover over the Banaji dakhma with an opening above the bhandar (central well). This would allow sunlight, air and rain into the central part of the Tower. Master is working in tandem to finalize plans for this structure with trustee Maneck Engineer who has also been taking a keen interest in this project…

"For the last three months experiments are being carried out at Nat Steel Equipment Private Limited. Periodical reports of these experiments were being sent by me to the trustees for their information. I wish to express my sincere thanks to Zoru Bhathena for his spontaneous help and cooperation in providing all necessary facilities for these experiments.”

Dhalla also said he was working on methods to lessen the stench that would emanate from the dakhma once corpses are placed inside. The Grand Paradi apartments are situated close to the dakhma and residents would no doubt complain about the all-pervading smell.

Any new proposal for reforming the system of dakhmenashini will also have to look at the status and well-being of the pall bearers. Dhalla told Parsiana he would study this aspect as well.