SC to examine gender discrimination within religious personal laws
The Supreme Court on Monday decided to examine a significant constitutional challenge involving gender discrimination within religious personal laws, questioning whether a Parsi woman can be stripped of her religious identity following the inter-faith marriage. The top court issued notices to the Centre, Nagpur Parsi Panchayat, the Ministry of Minority Affairs, the Maharashtra Government, and the Charity Commissioner on the plea filed by Dina Budhraja.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi heard preliminary submissions of senior advocate Shayam Divan, appearing for the petitioner, challenging the constitutional validity of Rule 5(2) of the Nagpur Parsi Panchayat’s constitution.
The petition, filed under Article 32, said that the rule is discriminatory and violates Article 14 (equality before law), Article 21 (right to life and dignity), and Article 25 (freedom of religion) of the Constitution.
The rule strips Parsi women of their religious identity and access to religious institutions such as the Agyari (Fire Temple) upon marrying a non-Parsi.
The rule, though, does not apply the same sanctions to Parsi men who marry outside the community.
Divan highlighted that the issue is a recurring legal battle for the community.
He emphasised that the current plea specifically challenges the regulations governing the Nagpur Agyari.
“We are issuing the notice. There is a similar plea with the important question of law,” the CJI said.
