'Whether Women Be Stripped Of Religious Identity After Inter-Faith Marriage’, SC Agrees To Examine
Advocate Shayam Divan contended that the issue is a recurring legal battle for the community.
Published : March 23, 2026 at 8:18 PM IST
New Delhi: The Supreme Court on Monday agreed to examine a significant constitutional challenge concerning gender discrimination in religious personal laws, raising the question of whether a Parsi woman can be deprived of her religious identity after entering into an interfaith marriage.
The matter came up before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi. The bench heard preliminary submissions from senior advocate Shayam Divan, appearing for the petitioner, challenging the constitutional validity of Rule 5(2) of the Nagpur Parsi Panchayat's constitution.
Divan contended that the issue is a recurring legal battle for the community. The senior counsel stressed that the current plea specifically challenges the regulations governing the Nagpur Agyari. "We are issuing the notice. There is a similar plea with the important question of law," said the bench.
The top court issued notices to the Centre, the Nagpur Parsi Panchayat, the Ministry of Minority Affairs, the Maharashtra government, and the Charity Commissioner on the plea filed by Dina Budhraja.
The plea contended that the rule is discriminatory and violates Article 14 (equality before law), Article 21 (right to life and dignity), and Article 25 (freedom of religion) of the Constitution.
The rule allegedly strips Parsi women of their religious identity and access to religious institutions such as the Agyari (Fire Temple) upon marrying a non-Parsi. However, the rule does not apply the same sanctions to Parsi men who marry outside the community.
Read More
