Latest News

  • Home
  • National
  • A woman does not mortgage herself to a man with marriage: CJI
A woman does not mortgage herself to a man with marriage: CJI
Friday, December 8, 2017 IST
A woman does not mortgage herself to a man with marriage: CJI

A woman does not mortgage herself to a man by marrying him and she retains her identity, including her religious identity, even after she exercises her right to marry outside her community under the Special Marriage Act, Chief Justice of India Dipak Misra orally observed while heading a five-judge Constitution Bench on Thursday.
 

 
 

The Special Marriage Act of 1954 is seen as a statutory alternative for couples who choose to retain their identity in an inter-religious marriage.
 
“Special Marriage Act confers in her the right of choice. Her choice is sacred. I ask myself a question: Who can take away the religious identity of a woman? The answer is only a woman can choose to curtail her own identity,” Chief Justice Misra said on the first day of hearing of a petition filed by a Parsi, who was barred by her community from offering prayers to her dead in the Tower of Silence for the sole reason that she married a Hindu under the Special Marriage Act.
 
Nobody could presume that a woman has changed her faith or religion just because she chose to change her name after marrying outside her community, the Chief Justice observed.
 
The Bench, also comprising Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan, is deciding the question whether a Parsi woman can keep her religious identity intact after choosing to marry someone from another faith under the 1954 Act.
 
The very fact that petitioner Goolrookh M. Gupta, married under the Special Marriage Act, did not choose to convert showed that she had intended to retain her religious identity as a Zorastrian. A decision in favour of the woman would uphold the fundamental right to religion, dignity and life and create a paradigm shift for women within the minority community.
 
(The court recently ruled in favour of Muslim women by striking down instant triple talaq as unconstitutional, and has now paved the way for a proposed legislation.)
 
Disagrees with widespread notion
 
The Bench, prima facie, disagreed with the widespread notion in common law that a woman’s religious identity merges with that of her husband after marriage.
 
Indicating that this amounted to discrimination on the ground of gender, Chief Justice Misra asked, “How can you [Parsi elders] distinguish between a man and woman singularly by a biological phenomenon… If a woman says she has not changed her religion, by what philosophy do you say that she cannot go to the Tower of Silence? No law debars a woman from retaining her religious identity.”
 
Justice Sikri observed, “If a woman’s identity is merged, then Special Marriage Act is not required, is it not.”
 
Chief Justice Misra said, “The Tower of Silence is not a mutt or a citadel of a cult. It is a place to offer prayers to the dead. Can such a right of a woman be guillotined? It is part of her constitutional identity.”
 
The court said it had to decide whether a religious principle had dominance over the constitutional identity of a Parsi woman.
 
Arguing for the petitioner, senior advocate Indira Jaising submitted that every custom, usage, customary and statutory laws had to stand the test of the Fundamental Rights principle. Article 372 (continuance of existing laws) of the Constitution was subject to Article 13, which mandated that laws should not violate the fundamental rights of an individual.
 
Petition against HC judgement
 
The petition is against the Gujarat High Court’s March 23, 2012 judgment, which held that Ms. Goolrokh Adi Contractor ceased to be a Parsi as she had married Mahipal Gupta, a Hindu, under the provisions of the Special Marriage Act.
 
The Valsad Parsi Anjuman Trust, which opposed Ms. Gupta’s plea, said the High Court decided the case after going through the affidavits of at least seven Parsi priests that said the religious tenets held that she ceased to be a Zorastrian upon her marriage to a Hindu and cannot be allowed to offer prayers in a Zorastrian place of worship.
 
Ms. Jaising argued that the fundamental right enshrined in Article 14 of the Constitution guaranteed equality before the law and the equal protection of the laws. It prohibited discrimination on grounds of religion, race, caste, sex or place of birth. “Anything arbitrary violates the rule of law,” she submitted.

 
 

Denying a woman respect and the right to observe her religion merely because she married outside her faith was violative of her fundamental right to religion enshrined under Article 25 of the Constitution.
 
Ms. Jaising said there was a difference of opinion on the issue within the Parsi community itself. While some pockets allowed women who chose inter-religious wedlock into the Tower of Silence, others did not.
 
Ms. Jaising argued that the ‘doctrine of coverture’, which held that a woman lost her identity and legal right with marriage, was violative of her fundamental rights. ''The doctrine is not recognised by the Constitution.''
 
The court asked the Valsad Parsi Trust to inform by December 14 whether it would allow Ms. Goolrokh to attend the last rites of her parents.

 
 
 
 
 

Related Topics

 
 
 

Trending News & Articles

 Article
Here is the full list of 827 porn websites banned by the DoT

While the Uttarakhand High Court has asked to block 857 websites, the Ministry of Electronics and IT (Meity) found 30 portals without any pornographic content. ...

Recently posted . 61K views . 1 min read
 

 Article
Class XII Boys Raped 16-Year-old in Dehradun School After Watching Porn on Phone: Police

The four boys as well as five school officials, including the director and principal, were arrested after the incident. The minors were presented before the Juvenil...

Recently posted . 8K views . 1 min read
 

 Article
Sept 27,2001 Rahul Gandhi and his girl friend Veronique,was arrested in Logan airport in Boston

Rahul was having an Italian passport and was carrying suitcase full of dollars. Some say it was about was it $2 million. Rahul and his girl friend was th...

Recently posted . 7K views . 7 min read
 

 Article
TOP 10 GYM EQUIPMENT BRANDS IN INDIA 2017

True – Tr...

Recently posted . 6K views . 83 min read
 

 
 

More in National

 Article
Who’s pseudo-secular now? Sure, Yogi Adityanath, do build a Ram statue – but with your own money

Chief minister Yogi Adityanath’s plan to build a Ram statue comes from the party which for 30 years has hammered us with the “pseudo-secularism” o...

Recently posted. 537 views . 1 min read
 

 Article
Shirdi Bandh: Official Says Sai Baba Temple to Remain Open as Protests Erupt Over CM's 'Birthplace' Remark

The Saibaba Sansthan Trust had decided to shut down the temple town for visitors indefinitely from January 19. However, dismissing rumours, a top temple management ...

Recently posted. 463 views . 1 min read
 

 Article
Super 30 founder Anand Kumar felicitated with US Education Excellence Award 2019

Speaking at the event, Anand Kumar exhorted the strong Indian community living in the USA and across the world to help education become the strongest weapon to figh...

Recently posted. 534 views . 1 min read
 

 Video
The Danger Of Using Your Mobile Phone



Recently posted . 1K views
 

 Reviews
Top 10 Schools in Noida



Recently posted . 1K views . 57 min read
 

 Reviews
Top 10 Companies to Work For in India



Recently posted . 1K views . 34 min read
 

 Article
More Than 50 Children Die In Bihar Due To Encephalitis Caused By Eating Lychee

In a shocking incident, more than 50 children have died in Bihar's Muzaffarpur district after they developed brain infections which were caused by a toxic sub...

Recently posted. 588 views . 1 min read
 

 Article
Cabinet approves provision of bail in instant triple talaq bill

HIGHLIGHTS   *The ‘offence’ of instant triple talaq will remain a non-bailable on...

Recently posted. 471 views . 3 min read
 

 
 
 

   Prashnavali

  Thought of the Day

ometimes your joy is the source of your smile, but sometimes your smile can be the source of your joy.
Anonymous

Be the first one to comment on this story

Close
Post Comment
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


ads
Back To Top