PARSI LAW OF MARRIAGE

SYNOPSIS
Introduction

The Parsis come and settled down in India largely from Persian Province Pers or Pars from
which the word ‘Parsi’ is derived. The Indian Parsis belong to the Zoroastrian faith, and in
that sense, the words ‘Parsis’ and ‘Zoroastrian’ are synonymous. Zoroastrian is founded on
the belief in one God and on the basic tenets of good thought, good words and good deeds. In
modern India, Parsi law applies to Persons :

i. who are descendants of Persian emigrants, who are born of Zoroastrian parents, and who
profess Zoroastrian faith.

ii. Persons whose father is (or was) a Parsi and mother an alien but admitted to Zoroastrian
faith.

iii. Zoroastrian from Iran, who are either temporarily or permanently residing in India.

Parsi religion is regarded in India and the world as the most progressive and liberal religion.
Yet it faces several anomalies. Prophet Zarathustra in his sermons always addressed men and
women as equal (na va nyari) and the religion itself claims to be free of any gender biasness.
As we know that in Parsi religion there exists a traditional practice of Open Burial which is to
leave the dead in the tower called The Tower of Silence for carrion birds to consume. But in
1980s the Zoroastrian community was forced to responder upon this due to the steep decline
in the vulture population. “In a same meeting where these deliberations were happening
Pervin Surti, who travelled from Mumbai to witness the voting was not allowed entry. Yazdi
Kasad, secretary of the anjuman, said that women never had the rights to attend the meetings
or to vote: “We are simply following the rule that have been set by our predecessors. No
women has ever questioned us or expressed that she has a problem”.” There are several
anjumans in the society some even having women as their trustees or heads but mostly all of
them follow Patriarchal structure.

Literature Review

The Researcher has studied extensively the Parsi Marriage and Divorce act 1936, the
proposals of amendments, journal articles and books on marriage laws of other religions like
Women and Law by Lalita Dhar Parihar and other major readings as by Dr. Paras Diwan
Family Law Allahabad Law Agency.

All of these materials and case laws contributed in coming forth of this project.

Hypothesis

The project will be descriptive of a comparative study of marriage law of Parsi religion with
other religions; also it will bring forth the various forms of discrimination faced by women
and injustice done to them within the community.
Research Objectives

 To perform a comparative study of Parsi Marriage laws along with other marriage
laws enacted in India
 To study how Parsi marriage laws are discriminatory for women in general

Research Questions

 On what parameters is Parsi Marriage laws different from other religion’s marriage
laws?
 On what grounds is Parsi Marriage law discriminatory towards women?

Tentative Bibliography

 Parsi Marriage and Divorce act 1936

 Women and Law by Lalita Dhar Parihar
 Dr. Paras Diwan Family Law Allahabad Law Agency
 Parliamentary Discussions and debates