Appeal for funds

The Gujarat High Court delivered a judgment in March 2012 greatly undermining the rights of women married under the Special Marriage Act (SMA) 1954. If the judgment remains unchallenged, it could seriously impact the rights of all women, particularly Parsi/Irani Zoroastrian women who have married outside the community. Of the special three-judge bench, two of the judges have held, in essence, that, in the absence of any declaration of a competent civil court to the contrary, it is to be deemed that a wife has acquired the religion of her husband after marriage. This is notwithstanding the fact that the marriage certificate is issued under section 13 of the SMA. One of the three judges has dissented from the views expressed by his brother judges on the bench.

The petitioner, Goolrookh Gupta, has been advised by very eminent senior counsel that there is merit in seeking an appeal before the Supreme Court and Gupta has therefore decided to file a special leave petition (SLP) against the judgment. Several organizations and individuals have spontaneously come forward to support her cause. We at the Association of Inter-Married Zoroastrians (AIMZ) wish to assist Gupta by raising funds for her Supreme Court appeal.

Gupta petitioned the Gujarat High Court essentially for two purposes: being a practicing Parsi Zoroastrian, she wished to have access to places of worship ostensibly reserved for Parsi-Irani Zoroastrians; and she wanted to have the right to be present at the funeral prayers for her immediate family. The Valsad Parsi Anjuman passed a resolution barring all Parsi/Irani Zoroastrian women married to non-Parsis from entering the local adarian and Doongerwadi.

While senior counsel have very kindly agreed to take on this matter pro bono there are many incidental expenses, such as court fees, travel, etc, that would have to be incurred. The intention is to collect around Rs 15,00,000. Those who would like to support Gupta’s efforts are requested to send their contributions by cheque favoring AIMZ, addressed to The Treasurer, Association of Inter-Married Zoroastrians, C/o Meher Amersey, Laburnum House, Laburnum Road, Bombay 400007.

Each cheque should be accompanied by a slip mentioning the PAN number of the donor and stating that he/she believes the cause being espoused is in the community’s interest and worthy of support. Donors who do not wish their names to be divulged may so specify. Records of amounts received will be maintained and any excess amounts will be retained and used as per the objects of the AIMZ Trust.

We trust Parsis/Iranis, Zoroastrians and others will contribute to this crucial cause.

MEHER P. AMERSEY

President, Association of Inter-Married Zoroastrians