Clarifications by candidates
Phiroze Cawasji Amroliwalla
*2. Leave and license: For new high income allottees and those coming in on "security deposit” basis.
Tenancy: Economically weaker sections and heirs of tenants.
*3. As per the norms stated above.
*4. Yes: For those selling ownership flats and seeking BPP accommodation.
No: Not for statutory tenants.
*6. But after studying available housing stock and wait-list.
*7. Preferably at least bi-annually.
*8. Five years with a maximum of one more term through election.
*10. At present some of the anjuman nominees are not ordinarily resident of the anjuman they claim to represent and therefore are not the true representatives. In view of this and other anomalies, I will have to study the past records, performances and achievements.
*12. But better coordination within existing bodies is preferable.
*16. For those who believe in the power of prayers, I do not see why they should be disallowed.
*17. Why not? How does the mere presence of another human affect the prayers? However, this is my personal view. The Doongerwadi being a BPP property. I would abide by the trust deed and majority view of the board after due consultation with religious and legal experts.
*19. Especially if the lady practices our religion. Also agiaries and atash behrams have their own trusts/trustees who should have the liberty to take a call on this without any fear or favor. BPP does not and should not interfere in this except to decide on those under their jurisdiction.
*20. In today’s world when we advocate no gender distinction, I do not see why a lady should be barred, except perhaps on those four/five days when hygiene issues are involved.
*21. Not in its present form, but certainly the BPP must keep the community informed on important matters through simple newsletters.
In our homes do we still cook on wooden fires? Don’t we use LPG instead? We Zoroastrians were known as a honest, progressive group. Why then don’t we read the writing on the wall and accept change which is the only constant?
Parsi colonies: leave and license or tenancy
Zarir Manchershaw Bhathena
*2. Leave and license subject to simple renewal every three years because BPP can’t give on tenancy without charity commissioner’s permission and it’s a long procedure. Secondly, if BPP applies to Maharashtra Government under Bombay Stamp Act there would be no stamp duty on renewal leave and license. Further leave and license would be subject to covenant clause and also structural alterations in the flat.
*6. In buildings which have already been broken and reconstruction not carried out.
*7. Why annual? If need be six monthly to inform the community.
*14. After taking legal opinion.
*16. This matter has already been resolved now by constructing a lovely structure in Worli crematorium premises where all four days’ prayers can be held.
*19. Being a religious matter whatever high priests say would be followed.
The above problems are minor, according to me. The major problem is that the BPP has not filed as on September 28, 2015 Income Tax returns for the years ending 31/3/2013 and 31/3/2014. This is the main concern for the community as the Trust may lose exemption and be liable as landlords on premiums received for transfer of tenancy and for wealth tax up to 31/3/2015.
Noshir Homi Dadrawala
*2. A matter like this cannot be ‘straight jacketed.’ Tenancy would of course protect the tenant’s rights but leave the trust vulnerable at times. A trustee cannot and should not take a populist stand on this before the elections to garner votes. This matter requires discretion and collective application of mind, simultaneously considering the interest of the trust as also the beneficiaries.
*3. This is a matter of policy that the entire board needs to adopt. It is not for one individual trustee to make any promise in this regard. But, yes, it is a matter that needs to be addressed with priority and proper and collective application of mind.
*4. BPP needs to restore its position as a "charitable trust” from its current "avatar” of a "commercial and money spinning greedy landlord.”
*5. The statistics and census figures say it all.
*6. Only if there is a felt need after proper review of the housing wait list. And, no more housing for the rich.
*7. Most certainly! The trustees owe this as a bare minimum to the community that votes them in.
*9. Actually it should be no more than two terms of five years each.
*10. It does provide smaller anjumans an opportunity to bring up their concerns and issues.
*12. One can say yes or no only after examining all the pros and cons in terms of value addition, logistics, expense and sustainability.
*13. An absolute waste of not just money but also time and valuable human resource.
*14. There are many other so-called "renegade” priests so why single out just these two. The BPP was clearly "experimenting” and used these two priests to test the waters. Unfortunately, the waters got too hot and left the trustees scalded and the community a "laughing stock” in the national press. It was a Himalayan blunder!
*15. I am traditional by upbringing and choice. However, if a fellow Parsi chooses to get cremated or buried outside of Doongerwadi that would be purely that individual’s personal choice.
*16. This punitive system is not based on any sacred text or even logic for that matter. Having said that, each agiary is autonomous and it is not for BPP or any BPP trustee to tell other agiaries what they should do or not do. The BPP is not the Vatican and neither are the trustees a college of cardinals. BPP is a charitable trust. Religious issues should be kept out of bounds where BPP trustees are concerned.
*17. This is a sensitive religious issue and instead of getting embroiled in yet another controversy, the trustees should focus on other major issues such as better governance, the youth, housing, etc. Why create more division? Let the orthodox and reformists focus and work in harmony on socioeconomic issues instead of stirring unrest by fanning religious animosity.
*18. For years the orthodox told the reformist groups do what you like – but out and away from Doongerwadi. The reformist group took this suggestion seriously. Now why should the orthodox group get upset? The bunglis at Doongerwadi are now "safe” and there is no longer any real or imagined threat of a crematorium being built at Doongerwadi.
*19. The law in India as it currently stands does not consider the children of Parsi women married to non-Parsis as Parsis.
*20. This is a matter for the clergy and high priests to decide.
*21. But, considering the cost of printing and postage perhaps creating an inter-active website, blogs, and use of social media could be better modes of connecting with the youth.
Ervad Xerxes Vispi Dastur
All the questions from 15 to 18 are of a religious nature and I have repeatedly stated my stand that the BPP is not a religious body. The mandate for any trustee is to carry out the settlors’ directives and a trustee’s personal leanings on any issue have to take second place. The trustees’ real duty would be to bring about a consensus of views of the community so as not to fall foul of the directives of the settlors. This is what I am committed to do and to ensure that I neither fail them nor the community.
Defence Services panel
Maj Gen Khurshed M. Balsara, Cmde Medioma Bhada, Maj Gen Soli Noshir Pavri, Sq Ldr Minoo Wadia
In response to your questionnaire, we address the same collectively.
We opine it is important for us not to get into discussing personal issues at this stage. It is not to be evasive or not having individual opinions. We as the trustees may carry our point of views, but when on the board, collective wisdom based on the larger good of the community must and will prevail. This apparently has never happened, leading to faulty decisions. Individual opinions once expressed in public became binding factors, precluding rational decision making and became ego issues thereafter. If this is true do we repeat the same?
All the pointed and loaded questions are based on the talks doing the rounds. Some could be true, some based on half truth and some even malicious to achieve vested interests. The large sum spent on litigation against the priests, or the issues that were sought to be resolved therein, are at best from "reliable sources.” If there was transparency in the functioning of the trustees, these would have been known earlier and checks and balances imposed, or the matter resolved. That should be your concern and we emphatically state we will bring in transparency, to resolve important issues.
On matters of religion, our commitment is clear and stated in public. As trustees we will seek opinions of the community Dasturs/ Vada Dasturs and the learned laity. We will be the facilitators rather than the creationists or reactionists. We need to recognize the mandate of the BPP and function therein and not adjudicate or arrogate to ourselves the authority of issuing religious dictates. We believe this matter could have been handled differently and we will look into the legitimacy of all expenditures.
On matters of safeguarding the lands and properties, we emphatically place on record that all actions will be taken in accordance with the laid down laws and rules and under no circumstances will deviations be accepted. The principle we believe and will follow is that the interests of the community are greater than the sum of all the individuals. As trustees, posterity will guide our actions and not personalities.
On the burning issue of housing, the laws of the land and of the punchayet/trusts will be adhered to assiduously. There will be no lack of commitment to help the needy and the deserving.
Dr Homi B. Dhalla
*3. I have not answered as this is a complicated issue and needs a lot of discussion. Moreover, experts in the rent act ought to be consulted.
*19. Should be permitted to enter fire temples.
Tehmtan J. Dumasia
I feel that the security deposits collected for transferring tenancies /leave and license to the rich defeats the purpose of our ancestors who have left vast properties for the less privileged and middle class Parsis to reside. The BPP has lost credibility because of irregularities in its dealings.
Dr Zuleika Firdosh Homavazir (Sattha)
Why are we expressly referring to ourselves as Parsis? What about the Iranis? Let’s address ourselves as Zoroastrians or Zarathushtis. The majority of the donors world-wide have lost faith in the BPP. Two decades of tyranny have dealt a devastating blow on its financial resources. Flats given on leave and license, collecting crores as security deposits, amounts to evasion of tax. Most candidates make misleading statements that the charity commissioner embargo on sale/allotment of flats will be lifted once the new board is appointed. However it will necessitate multiple hearings and persuasive acumen to get relief in the matter. All BPP employees are responsible for its performance. The agreement with the Union must be cordially negotiated. Perfect governance and not mixing religion with politics is the vital link to our existence. Let’s together rebuild the faith.
Ervad Marazban Parvez Maney
The Federation can work in tandem with the BPP and the world body. I will attend all Federation meetings in and out of Bombay whenever possible. Leave and license has to be decided on a case to case basis. The entire purpose of the trust deed of any organization is defeated by any significant monetary exchange. I am not in favor of new constructions. There are more than sufficient houses available; too many vacant flats are lying all over the city.
The voters must be involved in the process of decision making at the Punchayet. The community must come forward and air their views on important matters. Litigation is always a waste of time and money. People should be allowed to choose the mode of disposal. However the Doongerwadi is sacrosanct and should be preserved. It will take a lot of time to simply understand the finer internal workings of the BPP and hence a seven-year term is mandatory.
Viraf Dinshaw Mehta
*2. Only if we can protect the Parsi only covenant
*3. But only if you can protect the Parsi only covenant
The role of the BPP is to look after the welfare of the beneficiaries and to protect the trust properties. The recent alienation of trust property to a non-Parsi third party without calling for a public notice or auction is exactly the kind of actions that need to be stopped with immediate effect.
The office of the BPP is not to fight personal battles but to use the boardroom to come up with innovative methods to earn revenue for the BPP. The burden of house maintenance on baug residents needs to be reduced to help the poor and needy of our community, many of whom are aged.
If we can protect our Parsi only covenant through tenancy, then I would happily convert all leave and license to tenancy. If we cannot then I would opt for leave and license to protect our baugs and maintain our Parsi ethos.
The youth who are the future of the community have to be incentivised to get married and have children. Many of our youth who are entrepreneurs need a support system on whom they can rely for expertise and financial assistance.
On issues of religion, it is not my place to make judgments and I will adhere to the rules and regulations of that institution.
Minoo Nalawalla
It’s important to provide tenancy rights over leave and license as it empowers the residents to a greater extent and gives control over the property which otherwise may limit their sense of ownership. But at the same time it is important that the burden of taxes and ancillary costs are not burdened on the residents, especially the poor Parsis.
Personally I would like to keep the BPP as an administrative board and less religious in nature. That said, I will ensure to safeguard our community practices and vouch for policies in favor of the community at large. I would not let religious matters get swayed with my personal beliefs. I am neutral in the traditional vs reformist struggle.
Lion Daara B. Patel
*2. I would prefer tenancy in case of inheritance i.e. if a son or a daughter is living with their parents for a number of years, after the death of the parents it should automatically be transferred on tenancy basis. For rest of the cases it should be on leave and license as this would safeguard the interest of the trust as well.
*3. Please refer to my explanation on question 2.
*4. As basically these are buildings made from funds received from charitable trusts, the main purpose should not be deviated from. However the amount may differ from case to case.
*14. It is a matter of uniformity in law and not a matter of religion. Proper criteria have to be laid down for discipline amongst priests across the board. If at all, the ban has to be uniform.
*15. I would not recommend to deviate from the core teachings of the religion. However if the present system is failing we should go by the advice of the experts and also ensure that whatever we do is within the fabric of the religion. If for certain reasons the body is disposed of differently at least the prayers must be allowed.
*16. In the 1960s all the high priests decided that wherever there are dakhmas, the body should be disposed of as per the tenets laid down and there was a religious diktat that if the bodies are not disposed of as per the religious diktat the prayers are not allowed in the premises. This was mainly with the purpose of discouraging people from opting from other modes of disposal of the bodies in places where dakhmas were available. However, if there is a demand to the contrary from the community, the religious heads and community representatives should come together and find a solution.
*19. The current system is being followed as a fall out of a judgment in the 1903 Petit vs Jeejebhoy case. The current system of following the patriarchal system is a legal issue and not a religious one and can be sorted out.
*20. Let us understand that mobedyars are considered to be helper priests or paramobeds. Women mobedyars (post menstrual) would be of great help in remote places where there are no priests available.
Religion does not fall within the purview of the BPP. Trustees are not supposed to be authorities on religion. They have to take advice from the head priests and mediate with the community and arrive at a pragmatic and united view.
Parvez Keki Umrigar
Leave and license system is administratively and contractually preferred due to the inadequacies of implementing the legalities of the tenancy system. However, I must emphatically add that catering to the housing needs of the middle class and the poor community members is a paramount objective of the trust and nothing should dilute the same. Even under the leave and license system, I would fully protect the occupancy rights of an eligible occupant who continues to meet the housing criteria of the Punchayet.
Kemas Wadia
On my agenda is a radical change in the working of the BPP with pay parity to all staff members and an open door policy for easy access to the trust committees and the trustees. There should be projects for special educational assistance, promotion of soft loans to budding entrepreneurs, medical assistance to the needy, affordable housing for eligible Zoroastrians, with special privileges for mobeds, khandhias and their families as also for senior citizens.
