Half a century after the case of a young Parsi war veteran, Commander K.M. Nanavati, sounded the death knell for jury system in India, the Supreme Court on Friday agreed to take up the case of a Parsi woman, who has challenged the jury system still followed by her community's special matrimonial courts as a violation of her fundamental right to life and dignity.
A Bench of Justices Kurian Joseph and Amitava Roy sought the view of the Centre on a petition filed by 33-year-old Naomi Sam Irani of Panchgani in Maharashtra against the pre-Independence Parsi Marriage and Divorce Act of 1936, which provides an opportunity for the “local Parsi people” to voice their opinion as jury on whether the estranged couple should be granted divorce or not.
The Centre has to respond on the petition when the case comes up for hearing the next week.
The Counsel for Ms. Irani referred to how the apex court intervened on the behalf of Muslim women to strike down triple talaq as a practice in violation of their fundamental rights of life and dignity.
Ms. Irani argued that involving the local populace in an intensely private dispute is a gross violation of her fundamental right to privacy.
The Bench expressed wonder that this law had not been challenged all these years.
“The Act under challenge has been enacted in the pre-independence era, which also pre-dates the abolishment of the jury system in the jurisprudence of the country. Notwithstanding this, the practice of appointing delegates to aid in adjudication of cases arising under the act, and giving the local Parsis an opportunity of expressing their opinion in a matter which is clearly in the realm of privacy between the parties continues to find favor in law,” Ms. Irani argued.
Ms. Irani said that though the Parliament had enacted the Family Courts Act in 1984, the Parsi community is compelled to take their matrimonial disputes to the special courts, namely Parsi Chief Matrimonial Courts and the Parsi District Matrimonial Courts, established under the 1936 Act.
Even then, the 1936 Act does not allow a woman the freedom to file her divorce case in the Parsi matrimonial court in her neighbourhood. For this, she has to get prior permission from the matrimonial court concerned.
Ms. Irani asks why Parsi women cannot avail of the services of the Family Courts, which have been set up to promote reconciliation and speedy settlement of family and marital disputes.
Every person, except a Parsi, who is subject to his or her respective codified personal law can approach Family Courts. Every person, except Parsis subject to the 1936 Act, have the benefit of a secure, speedy settlement mechanism in the Family Courts.
“The law (1936 Act) impinge upon the fundamental rights of the petitioner (Irani),” the petition said.
