Readers' Forum
Goolrookh’s religious status
I would like to have some clarifications regarding the Gujarat High Court’s judgment in the Goolrookh Gupta case.
Does this judgment apply only to Gupta or does it apply to inter-married Parsi and Irani Zoroastrian females? Does this judgment apply to non-Parsi, non-Irani, non-Zoroastrian females who marry Parsi or Irani Zoroastrian males, or even males practicing another religion, under the Special Marriage Act?
I quote from the judgment: "... she would be deemed and presumed to have acquired the religious status of her husband.” Does this mean that Gupta and other women, Parsi and non-Parsi, acquire the religion of their husbands as soon as the wedding ceremony is over, even though they have not undergone any conversion ceremony? If a Hindu female marries a Christian man, does she automatically become a Christian as soon as the wedding ceremony under the Special Marriage Act is over?
If a non-Parsi, non-Irani, non-Zoroastrian female marries a Parsi or Irani Zoroastrian, does such a female immediately become a Parsi Zoroastrian without undergoing a nahn followed by a proper navjote done by qualified Parsi Zoroastrian mobeds? Since Vada Dastur (Dr) Firoze Kotwal has told Neville Wadia, a Christian, in a letter dated September 5, 1994, a copy of which was published in the Parsi Tari Arsi column in Mumbai Samachar dated December 26, 2010, to take a nahn and then do his own navjote, can such non-Parsi, non-Irani, non-Zoroastrian females do the same and thenceforth be considered to be Parsi Zoroastrians? How should a non-Parsi, non-Irani, non-Zoroastrian female do her own navjote after taking a proper nahn? What prayers are to be prayed and what ceremonies should such a female carry out?
Does this judgment mean that the Special Marriage Act has been overturned? I am not a lawyer, but I believe that under this Act, when a female of one religion marries a man of another religion, both retain their respective religions which they acquired at birth.
The judgment says that Gupta can get a certificate from the correct court to prove that she had not given up her Zoroastrian religion when she married a Hindu. Will you please inform your readers how females like Gupta can get such a certificate from the right court?
Some inter-married Parsi females have had the navjote of their children by a parjat father done by qualified Parsi Zoroastrian priests. Since both the father and mother of such children will not be considered to be Parsi Zoroastrians, what will be the religious status of such children? Will they no longer be considered to be Parsi Zoroastrians? Cannot such children claim that they have been converted to the Zoroastrian religion? The judgment of Justice Davar in the Davar-Beaman case clearly states that conversion is allowed in the Zoroastrian religion. Justice Davar has stated in his judgment that the Parsis can convert everyone or no one — they cannot choose and select who can and who cannot be converted! Since a few Christians have already been converted to the Zoroastrian religion, does not this mean that non-Parsi, non-Irani, non-Zoroastrian children have a right to be converted to the Zoroastrian religion? Is it legally possible for a minor to do his own navjote or does he have to wait until he becomes a major?
If inter-married Parsi females are no longer to be considered to be Parsi Zoroastrians, can such females continue to remain tenants of flats in buildings owned by the Bombay Parsi Punchayet and other trusts whose trust deeds say that only Parsi Zoroastrians can be beneficiaries of such trusts? If such inter-married females divorce their husbands or become widows, can they come back into the Zoroastrian religion?
Please answer my questions, point by point. If I have left out any point, please mention it and give your clarification.
Does this judgment apply only to Gupta or does it apply to inter-married Parsi and Irani Zoroastrian females? Does this judgment apply to non-Parsi, non-Irani, non-Zoroastrian females who marry Parsi or Irani Zoroastrian males, or even males practicing another religion, under the Special Marriage Act?
I quote from the judgment: "... she would be deemed and presumed to have acquired the religious status of her husband.” Does this mean that Gupta and other women, Parsi and non-Parsi, acquire the religion of their husbands as soon as the wedding ceremony is over, even though they have not undergone any conversion ceremony? If a Hindu female marries a Christian man, does she automatically become a Christian as soon as the wedding ceremony under the Special Marriage Act is over?
If a non-Parsi, non-Irani, non-Zoroastrian female marries a Parsi or Irani Zoroastrian, does such a female immediately become a Parsi Zoroastrian without undergoing a nahn followed by a proper navjote done by qualified Parsi Zoroastrian mobeds? Since Vada Dastur (Dr) Firoze Kotwal has told Neville Wadia, a Christian, in a letter dated September 5, 1994, a copy of which was published in the Parsi Tari Arsi column in Mumbai Samachar dated December 26, 2010, to take a nahn and then do his own navjote, can such non-Parsi, non-Irani, non-Zoroastrian females do the same and thenceforth be considered to be Parsi Zoroastrians? How should a non-Parsi, non-Irani, non-Zoroastrian female do her own navjote after taking a proper nahn? What prayers are to be prayed and what ceremonies should such a female carry out?
Does this judgment mean that the Special Marriage Act has been overturned? I am not a lawyer, but I believe that under this Act, when a female of one religion marries a man of another religion, both retain their respective religions which they acquired at birth.
The judgment says that Gupta can get a certificate from the correct court to prove that she had not given up her Zoroastrian religion when she married a Hindu. Will you please inform your readers how females like Gupta can get such a certificate from the right court?
Some inter-married Parsi females have had the navjote of their children by a parjat father done by qualified Parsi Zoroastrian priests. Since both the father and mother of such children will not be considered to be Parsi Zoroastrians, what will be the religious status of such children? Will they no longer be considered to be Parsi Zoroastrians? Cannot such children claim that they have been converted to the Zoroastrian religion? The judgment of Justice Davar in the Davar-Beaman case clearly states that conversion is allowed in the Zoroastrian religion. Justice Davar has stated in his judgment that the Parsis can convert everyone or no one — they cannot choose and select who can and who cannot be converted! Since a few Christians have already been converted to the Zoroastrian religion, does not this mean that non-Parsi, non-Irani, non-Zoroastrian children have a right to be converted to the Zoroastrian religion? Is it legally possible for a minor to do his own navjote or does he have to wait until he becomes a major?
If inter-married Parsi females are no longer to be considered to be Parsi Zoroastrians, can such females continue to remain tenants of flats in buildings owned by the Bombay Parsi Punchayet and other trusts whose trust deeds say that only Parsi Zoroastrians can be beneficiaries of such trusts? If such inter-married females divorce their husbands or become widows, can they come back into the Zoroastrian religion?
Please answer my questions, point by point. If I have left out any point, please mention it and give your clarification.
JAL S. DESAI
jaldesai@hotmail.com
jaldesai@hotmail.com
The editors reply
The answer to the queries raised by Jal Desai will hopefully be clarified by the Supreme Court when it gives its judgment on the Special Leave Petition to be filed by Goolrookh Gupta.
The answer to the queries raised by Jal Desai will hopefully be clarified by the Supreme Court when it gives its judgment on the Special Leave Petition to be filed by Goolrookh Gupta.
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