Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 11]
arguments will continue at 2.
Khambata: we have set out in page 4 that there is no set practice in religion. the bombay parsi trust has itself passed a resolution in 1991 to allow enter of women, and we have placed material records that all permit entry. this, the new trustee decided that we will impose our personal view. this is not even uniform, all these questions will arise and I submit that some judicial review is necessary and a handoff approach can't be adopted.
Sr Adv Darius Khambata: there is a bombay HC judgment based on 60 evidence, it found that conversion was permissible but since their advertment, they have never attempted to convert other people into their religion. a minority under minority has survived for 1200 years. this is because of tolerance.
J Nagarathna: there is that story of what priest today
Adv 1: one other thing is that Zoostarian has been described as religion of free will-so its very difficult to find that just because you marriage you are excommunicated
J Nagarathna: this is only for ladies?
Adv1: this is a man-made imposition, otherwise a very great religion
Adv 1: I have extracted 2 findings by HC- women can continue to exercise her religion and we are not shown any material that women's entry into fire temple is essential and would violate the right- we would be able to show ex facie that women are to be excluded from inter religios marriage. there is an unbroken practice that zorastrian man marrying a non zorastrian, they and their children have no such prohibition
Adv1: all anti-conversion laws based on coercion etc will be rendered unless because of this. the dignity of women is seriously undermined, would violate articles 14, 19 and 21.
I have set out that this is a trust [petitioner] is for the benefit of zorastrian community and for education, health etc. it has no prohibition
J Bagchi: when trust opposed the writ petition, did it take any specific stand that the religious prohibit etc?
Adv 1: the findings which i have set any maligns on whether there is any such prohibition.
Adv 1(Parsi Zorastrian lady who married a Hindu): mylords in answering 7 questions will have to contemplate millions of scenarios. only for context, I have prepared a very short factual note on the matter I appear.
her parents are resident in gujarat and she found that similar ladies were denied funeral rights and sough right against a trust-that just because I married hindu, please don't stop me. in that context, Gujarat HC said that its a deemed conversion even under the special marriage act, her religious identity merges with that of the husband.
Advocate 1: we have heard my arguments and submissions. I would start my saying we are trying to resolve a problem which affects our country, it should be a collaboration exercise.
J Nagarathna: public interest litigation has been private, paisa, and publicity interest litigation
Advocate 1: