The Supreme Court of India has asked the Nagpur Parsi Panchayat to respond to a petition filed by a Parsi woman, Dina Budhraja, who challenges the constitutional validity of a religious custom that led to her excommunication following her marriage to a non-Parsi man. Budhraja claims that this custom is inherently discriminatory against women, pointing out that the same rules do not apply to Parsi men who marry outside their community.

Legal Arguments Presented to the Court

During the proceedings, senior advocate Shyam Divan represented Budhraja, stating that Rule 5(2) of the Nagpur Parsi Panchayat’s constitution infringes upon Articles 14, 21, and 25 of the Indian Constitution. According to the petition, this rule discriminates against women by subjecting them to exclusion from religious practices, loss of identity, and denial of access to community resources upon marrying a non-Parsi. In contrast, Parsi men who marry outside their faith do not face such repercussions.

Constitutional Violations Claimed by Petitioner

Addressing the bench composed of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, Budhraja emphasized the explicit gender discrimination present in the Nagpur Parsi Panchayat’s policies. She pointed out that a Parsi man retains both his religious identity and access to religious institutions after marrying a non-Parsi woman, while a woman loses both. She argued that this gender-based classification violates Article 14, which upholds the right to equality.

Background of the Case and Personal Circumstances

Dina Budhraja, aged 43, married a Hindu man in 2009 and has two children, a son and a daughter. She maintains that she has not renounced her Zoroastrian faith, yet she has been treated as if she has ceased to be a Parsi solely because of her interfaith marriage. Her petition asserts that Rule 5(2) of the Nagpur Parsi Panchayat unjustly penalizes her for her marital choice, effectively stripping her of her identity as a Parsi.

Comparison with Other Parsi Panchayats

Budhraja highlighted that other Parsi panchayats in cities such as Delhi and Kolkata do not follow such discriminatory practices, aiming for equal treatment for both genders. She argues that the approach adopted by the Nagpur Parsi Panchayat is neither representative of Zoroastrianism as a whole nor essential to its beliefs, thus calling into question the validity of their practices.

Interim Relief Consideration by the Supreme Court

The Supreme Court has issued notices to the Nagpur Parsi Panchayat, the Union government, and the Ministry of Minority Affairs to discuss potential interim relief that may be granted to the petitioner. The case has significant implications for gender equality and religious freedoms within the context of interfaith marriages in India, particularly concerning the Parsi community.

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