Can women be stripped of their religious identity after marrying outside their faith? Supreme Court to decide in inter-faith marriage case

The Supreme Court of India on Monday agreed to examine a significant constitutional challenge concerning alleged gender discrimination within Parsi personal laws. The case raises the question of whether a Parsi woman can be stripped of her religious identity after marrying outside the community.

Notice issued to Centre and other authorities

As per a PTI report, a Bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, issued notices to the Centre, the Nagpur Parsi Panchayat, the Ministry of Minority Affairs, the Maharashtra government, and the Charity Commissioner.

The notices were issued in response to a petition filed by Dina Budhraja, who has challenged the constitutional validity of certain provisions governing the community.

Challenge to Nagpur Parsi Panchayat rule

The plea specifically contests Rule 5(2) of the constitution of the Nagpur Parsi Panchayat. Senior advocate Shyam Divan, appearing for the petitioner, argued that the rule is discriminatory and unconstitutional.

According to the petition, the provision violates fundamental rights guaranteed under Articles 14, 21, and 25 of the Indian Constitution, which deal with equality before the law, the right to life and dignity, and freedom of religion, respectively.

Allegations of unequal treatment for Parsi women

The petitioner contends that the rule unfairly targets Parsi women by revoking their religious identity and denying them access to religious institutions such as the Agyari (Fire Temple) if they marry a non-Parsi.

In contrast, no similar restrictions are imposed on Parsi men who marry outside the faith, raising concerns about gender-based discrimination within the community’s personal laws.

Court acknowledges broader legal issue

During the hearing, Divan noted that the issue has been a recurring legal challenge within the Parsi community, though the present case focuses specifically on regulations governing the Nagpur Agyari.

“We are issuing notice. There is a similar plea involving important questions of law,” the Chief Justice remarked.

Inputs from PTI