oppn parties Daughter's Right Cannot Be Terminated Just Because She Married Outside the Community

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  • The government will make new IT rules to make it mandatory for platforms to provide traceability of content
  • PM Modi says India striving to move to evidence-based policy making by 2022
  • Patna High Court says that courts are clogged with cases against prohibition in the state
  • NCP-Congress say unanimity reached on government formation in Maharashtra, talks with Sena today
  • Surrogacy Bill referred to 23-member select committee by the Rajya Sabha
  • Government has asked the IITs to follow the quota system in hiring faculty
  • Gujarat police say self-styled godman Nithyanand has fled the country
  • Muslim parties are split over seeking review of the Ayodhya verdict
  • Indian skipper Virat Kohli says the pink ball could pose a lot of challenges due to its weight, hardness and colour
  • India to play its first pink-ball Test match against Bangladesh from Friday at the Eden Gardens in Kolkata
  • In reply to a question in Parliament, the government says it is empowered to lawfully intercept, monitor or decrpyt information stored in a computer resource in the interest of sovereignty or integrity of India
  • Police stop a 12-year old girl on her way to the Sabarimala shrine
  • In Karnataka, the JD(S) indicates that it might support the BJP government if it falls short of numbers after the bypolls
  • Congress pips the BJP in local body elections in Rajasthan, winning 961 wards to the BJPs 737
  • After Airtel and Vodafone-Idea, Jio also indicates that tariffs will be raised from December
Two Muslim litigants in Ayodhya refuse to accept the Supreme Court order, say review petition might be filed
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Daughter's Right Cannot Be Terminated Just Because She Married Outside the Community

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
In a landmark judgment, the Supreme Court pointed out that a woman does not “mortgage” herself to her husband after marriage and her religion does not automatically merge with that of her husband. Appreciating senior advocate Indira Jaisingh’s argument that the Special Marriage Act was enacted precisely for the reason that people of different faiths could marry despite family and societal disapproval and still retain their own identity, the court ruled that the woman concerned can give up her religion only on her own volition.

The case under hearing was of a Parsi woman who was not allowed by the Valsad Zoroastrian Trust to enter the Tower of Silence to perform the last rites of her departed father as she had married outside the community. Calling the decision arbitrary and against women, the court wondered aloud why Parsi men were not similarly barred if they married non-Parsis. The court disagreed with the Bombay High Court ruling which had not granted any relief to the petitioner. The court requested the trust to reconsider its decision by shunning rigidity and understanding filial emotions.

As the Parsi community is shrinking, the elders frown upon Parsis, especially girls, marrying outside the community. To them, it represents a threat which might ultimately lead to the extinction of the Parsi religion. But does the solution lie in enforcing rigid rules? The elders should realize that preventing Goolrokh Gupta from conducting her father’s last rites is the most anti-Parsi thing they could do. Instead, they should devise other ways to keep the flock together and growing.