Usurping community property

The unfortunate incident in Bangalore where a caretaker has claimed ownership of the three-acre aramgah property on prime land in the heart of the city found an echo at the Federation of the Parsi Zoroastrian Anjumans of India (FPZAI) West Zone B meet in Surat on August 2, 2015. "Every anjuman should be vigilant,” stated guest speaker Farrokh Rustomji, joint honorary secretary of the all India body, defunct anjumans committee coordinator and chief executive officer of the R. D. Sethna Scholarship Fund. An article in the Bangalore Mirror (July 31, 2015) mentioned how the 42-year-old caretaker named Gopal allegedly damaged the prayer hall, discarded books and photographs and with his personal belongings moved into the premises claiming the property to be his. The trustees of the Gathic Zoroastrian Anjuman have filed a police complaint and the structure has been sealed.
"Be very vigilant,” Rustomji advised the delegates. Procure and safely store all documents pertaining to the trust’s property, such as the property card, registration, value report… "If the trustees’ names are not brought on record, you cannot approach the courts,” he warned. As an added precaution he suggested, "Whatever information you have, share with the Bombay Parsi Punchayet (BPP). Give us details of your anjuman properties.” Several small anjumans were "not filing their returns or fulfilling the objectives of the trust.” Often the few surviving Parsis in a defunct anjuman claim "they are the owners of the property” and proceed to usurp or dispose of the asset. The government is cancelling the registration of thousands of allegedly defaulting trusts.
Referring to the controversial custodian agreement whereby the FPZAI would become a trustee if the anjuman numbers sank below a certain minimum number, he reiterated, "It’s not binding on each and every anjuman to sign…only where you feel you are unable to look after (the assets), when you need assistance come to us.” The FPZAI had been assisting Neemuch "including contributing to the salary of the mobed” as the anjuman had signed the agreement, he observed. Together we can either move or fight the government, "we can join hands with other communities; take action at the national level to make government hear our voices.” He cited the importance of the zonal meets and noted the West Zone B had held two within the past 12 months under the leadership of the zonal vice president Sam Chothia.
A draft bill along the lines of the Wakf Act of the Muslims has been drawn up by noted lawyer and former BPP trustee Burjor Antia and handed over to Dadi Mistry, the Parsi representative on the National Commission for Minorities (NCM). The bill was drafted with the intention to further safeguard community trust property. Rustomji said the draft was with the government which had wanted some legal opinion on the bill. The names of noted jurists Fali Nariman and Soli Sorabjee were recommended.
Not only were anjuman assets being lost to other communities but also those belonging to elderly Parsis through wills or unscrupulous means. Often "the children migrate and never come back. They don’t bother about the property and a sole parent is left behind to fend for himself/herself,” said Rustomji.
Rustomji spoke of the Seekho (learn) Parsi initiative whose activities to foster education included "seeking reservations of seats in Parsi endowed institutions… talks were on with TISS (Tata Institute of Social Sciences) to reserve two seats in Bombay and Hyderabad.” He noted though in the past Parsis had often not availed of reservation if it meant leaving Bombay or their home towns.
Pareecheher Daviervala of the Davier anjuman, working as a student counselor in Bombay, voiced concern about the proposed legislation in Maharashtra that would require half the students enrolled in a minority educational institution to be from that particular minority. She noted that there were 10 Parsi schools in the Tardeo area of Bombay with a minuscule number of Parsi students. She felt privatizing the schools instead of being dependent on government grants may be a way out.
"There is not a single Parsi student at the Boys’ Town Nasik school,” stated Mehernosh Devgadhwala of the Mandvi anjuman. Commented Rustomji, "We will lose the management. Our right will go. This is the stark reality of dwindling numbers.” Baman Cama, president of the Vadodara anjuman noted, "Everything boils down to declining numbers.” Rustomji stated Gujarat was the only state "which has a Parsi population in the schools.” Chothia noted that in Gujarat there was no requirement of a minimum number of minority students.
Marazban Marfatia of the Valsad anjuman inquired how qualified the teachers were in Parsi run schools? This may indicate a preference for better run cosmopolitan schools. Surat Parsi Panchayat (SPP) trustee Yazdi Karanjia noted, to applause, that often "even parents are not up to the mark.” He believed parents should be "more attentive. We parents should also improve.”
Farroakh Govadia of Nargol commented that 800 trees have been planted at the Nargol Doongerwadi grounds. "No bawal, means no mobeds, means no Parsis. We should have one meeting for discussing this only.” Persi Buhariwala noted that they had grown bawal trees at Vyara-Songadh and believed that the anjuman would be "self-sufficient” in kathi in due time.
Several delegates complained about work not being done in the Surat Charity Commissioner’s (CC) office. Marazban Baria, president of the Bilimora anjuman noted that a settlement had been reached in some dispute but they were awaiting the CC’s order. Chothia stated that in the CC’s office "there was no stenographer for three years to take dictation for orders.” Surat shares a CC with Baroda but matters keep getting adjourned. Baria remarked that though the CC takes the files to Baroda to study, nothing happens. Change reports are pending for years and the legal work was languishing. "If we have this difficulty what about small anjumans?” he inquired.
Baria asked Chothia regarding progress on the Goolrookh Gupta case that is before the Supreme Court. As the matter is sub judice Chothia said, "I can’t say anything.” But he pointed out that the general body has passed a resolution stating that "Parsi women married to non-Parsis could not enter the Mota Shapur fire temple.” The board of trustees can’t change "the ruling of the general body,” Chothia remarked. Another meeting would have to be called to reverse the role which was not done despite Gupta’s father, Adi Contractor, having been a trustee of the anjuman. Once Gupta moved the public interest litigation in the Gujarat High Court, the Valsad anjuman had no choice but to turn to the lawyers. "You know how difficult it is to fight court cases,” lamented Chothia. Fortunately for them, he stated, Areez Khambatta who was the West Zone B vice president at the time offered "for our religion I will help.” Over a crore of rupees in expenses have been incurred. The legal costs "put the anjuman in difficulty.”
Khushman Tamboli of Rajkot suggested that a resolution be passed supporting the Valsad anjuman in their legal battle against Gupta. But as the matter was before the courts, his recommendation was not acted upon. Rustomji noted that when Sanjay Gandhi died the Delhi Parsi Anjuman turned down a request by then Prime Minister Indira Gandhi to have his ashes interred in the anjuman aramgah. Sanjay was a Parsi but his navjote had not been performed.
When asked regarding the status of the Tithal sanatorium case, Chothia did not elaborate but merely mentioned the next date of hearing. There is a 30-year dispute over the purported sale of the vast sea fronting land worth several crores in Tithal, next to Valsad.
Aspi Sanjana, a trustee of the Valsad anjuman, noted that the Parsi New Year holiday had been cancelled in Gujarat.
Darayes Gandhi of Mandvi-Mangrol mentioned the case of the lady who delivered children under the Jiyo Parsi scheme but faced a complication at the time of delivery. The Parsi hospital where she was admitted was not equipped to deal with the exigency and she was shifted to another hospital which was not covered by the scheme, hence the expenses mounted. He felt that as the Jiyo Parsi program sanctions five lakhs for a pregnancy and the costs incurred were within that amount, she should be reimbursed for the additional cost "as a special case.”
SPP president Jamshed Dotivala said the case papers should be given to gynecologist Dr Anahita Pandole who could then consider the case and give her recommendation.
Some of the delegates said that Gujarat should have a State Minorities Commission. Dr Hosang Mogal of Mahuva termed the idea "a very good suggestion.” But other delegates pointed out that even in Maharashtra after the Bharatiya Janata Party came to power they have sidelined the State Minorities Commission. Gujarat has never had a minority commission. Observer Percy Harver noted that Jains have been included as a minority and that the seat assigned on the NCM would go to the Jains at the expense of the Parsis. Rustomji assured him that the Parsis were not affected by the addition of the Jains.
Daviervala noted that a library in Davier founded by her grandfather in 1949 and handed over to the local authorities to run had closed down due to a shortage of funds. The local gram panchayat wanted to demolish the structure and construct a toilet there instead. The anjuman wrote to the then Chief Minister Narendra Modi and the proposed demolition was stopped.
The gram pan­chayat then constructed the toilet in such a manner as to reportedly obstruct the entrance to the library. After raising the issue with the NCM and other authorities, the gram panchayat agreed to demolish the toilet and build another one somewhere else on condition that Daviervala and others bear the costs of construction. The gram panchayat had spent Rs 7,00,000 to construct the block. Buhariwala and Marfatia assured Daviervala that the toilet could be constructed in three-and-a-half to four lakhs as the earlier contract must have been inflated. "If we let go, Parsis will be an easy target,” said Daviervala.
(As government contracts are awarded to the lowest bidder, it is unlikely a new one can be built at less than seven lakhs — editor)

Those attending the meeting were: Pervez Mehta from Bardoli; Sarosh Ginwalla, Eric Kerawala and Kayomard Kerawala from Bharuch; Marazban Baria and Dhanjisha Avari from Bilimora; Vistasp Katrak from Chikhli; Pareecheher Daviervala from Davier; Mahernosh Ichhaporia, Nevil Vasania and Farokh Shaher from Gandevi; Pervez Khergamwalla from Khergam; Dr Hosang Mogal, Hosi Bajina and Rohinton Mogal from Mahuva; Darayes Gandhi, Yezdi Gandhi, Mehernosh Devgadhwala and Firoz Jokhi from Mandvi-Mangrol; Farroakh Govadia and Rohinton Patel from Nargol; Khushman Tamboli from Rajkot; Sarosh Poonawalla from Saronda; Jamshed Dotivala, Yazdi Karanjia and Homi Doodhwala from Surat; Dara Jokhi, Cyrus M (?) and Adi Patel from Tavdi; Baman Cama and Aspi Vajifdar from Vadodara; Sam Chothia, Aspi Sanjana, Marazban Marfatia and Jimmy Vajifdar from Valsad; Pesi Kasad from Vansda; K. M. Lakdavala from Vesu; Persi Buhariwala and Pervez Jokhi from Vyara-Songadh. Farrokh Rustomji came as guest speaker; and Sorab Katpitia and Ruzbeh Jungalwala from the defunct anjumans committee. The Press was represented by Parsi Times and Parsiana.