The Supreme Court of India has agreed to hear a crucial constitutional plea on May 29 that challenges rules barring Parsi women from entering religious institutions and maintaining their faith after marrying outside the community.
A three-judge bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, scheduled the hearing for Friday, May 29. The court indicated it may pass an interim order to address the immediate rights of the petitioner, Dina Budhraja, who was barred from attending her grandmother’s funeral rites.
The Core Dispute: Rule 5(2) and Gender Discrimination
The legal battle centers on Rule 5(2) of the constitution of the Nagpur Parsi Panchayat. Under this regulation, a Parsi woman is stripped of her religious identity and denied access to sacred spaces—such as the agiary (Zoroastrian fire temple)—if she marries a non-Parsi. Crucially, the same restriction does not apply to Parsi men who marry outside the faith.
The petitioner, Dina Budhraja, married a Hindu man but chose to retain her Zoroastrian faith. In 2024, she was denied entry to the Nagpur agiary for her grandmother’s funeral services.
Budhraja’s petition, filed through lawyer Rohit Anil Rathi under Article 32 of the Indian Constitution, seeks to strike down Rule 5(2) as unconstitutional. The plea argues that the rule is discriminatory and directly violates:
- Article 14: Equality before the law
- Article 21: Right to life and dignity
- Article 25: Freedom of religion
The lawsuit seeks a formal declaration that the Nagpur Parsi Panchayat must treat Parsi men and women equally, ensuring that a woman continues to be recognized as a Parsi even after an inter-faith marriage.
Push for Urgent Interim Relief
During the preliminary proceedings, Chief Justice Surya Kant initially pointed out that a larger, nine-judge Supreme Court bench had recently reserved its verdict on broad questions of religious gender discrimination, including the Sabarimala temple case. The CJI suggested waiting for that ruling to be delivered.
However, senior advocate Shyam Divan, representing Budhraja, strongly pressed the court for immediate interim relief. Divan emphasized that the Nagpur regulations represent a recurring legal battle for women in the community.
“This case of the rights of a Parsi woman vs Parsi man has been argued before us already,” the Chief Justice observed. Responding to the urgency of the matter, the bench directed the counsel representing the Nagpur Parsi Panchayat to take instructions regarding an “interim arrangement” for the petitioner.
Budhraja is seeking temporary permission to regularly enter the Nagpur agiary to offer prayers, attend funerals of her near and dear ones, and participate in periodic Muktad prayers while the main petition is being decided.
Wider Constitutional Implications
The Supreme Court had previously decided on March 23 to examine the larger constitutional challenge of gender discrimination within religious personal laws. At that stage, the top court issued formal notices seeking responses from several key entities, including:
- The Central Government
- The Ministry of Minority Affairs
- The Maharashtra State Government
- The Charity Commissioner
- The Nagpur Parsi Panchayat
The upcoming hearing on May 29 will focus heavily on whether temporary access can be granted to Budhraja, potentially setting a significant precedent for the rights of inter-married Parsi women across India.
