Maharashtra, Central govt tells Parsis to prove fire temple is integral to their faith

Even before the Supreme Court refused to re-look at the judgement in the 1994 Ismail Faruqui case where it is stated that “a mosque is not an essential part of the practice of the religion of Islam”, the Maharashtra and Central governments had begun to question the significance of the Fire Temple to Parsis.

Mid-Day reported that lawyers representing the Maharashtra and Central governments lawyers questioned the importance of the holy structures for the Parsi community during a hearing in the Bombay High Court. Ashutosh Kumbhakoni, appearing for the state government, said the documents provided by petitioners of Parsi community were not enough to establish the fact that the fire temples Wadia ji and Anjuman Atash Behrams were integral to the Zoroastrian religion.

The construction of the Metro III line in South Mumbai has the Parsis up in arms as the underground tunnel is going to pass under Jagannath Sunkersett Road, on which two fire temples- Wadiaji Atash Behram and Anjuman Atash Behram, are located. The former was consecrated in 1830 and the latter in 1897. The two fire temples of Parsi community are feared to be disturbed by this tunneling work.

The Mumbai Metro Rail Corporation's (MMRC) Metro III project is completely underground and will connect Colaba in south Mumbai to Bandra and Santacruz Electronics Export Processing Zone (SEEPZ) in the western suburbs of the city.

In the latest development, this case, which has reached the Bombay High Court, saw harsh arguments from the government representatives on the day both sides were meant to reach an amicable solution.

Key takeaways from the case:

1. State government counsel Ashutosh Kumbhakoni said all religions cannot be granted protection under freedom of religion (Article 25 of the Indian constitution)
2. Kumbhakoni said the documents provided by the Parsis were not enough to prove that fire temples Wadia ji and Anjuman Atash Behram were integral to Parsi faith
3. The lawyer for petitioners, Navroz Seervai, said the Atash Behrams are Grade III heritage structures and if the metro construction continues, there is likelihood of structural damage and irreversible spiritual damage
4. Ashutosh Kumbhakoni stated that the Parsis have to give material evidence to prove that the entire premises needs to be connected with the earth, and that the religion will collapse if the tunnel goes under the premises that are consecrated.
5. Additional solicitor general, Anil Singh, appearing for the Central government, had alleged that in the scriptures, the Parsi concept of 'Karsh,' which are the protective spiritual circuits around the Atash Behrams, there was no mention of their physical boundaries
6. Senior Parsi community leaders have said that they were unable to provide documents because at least 80% of their scriptures were destroyed by Alexander III, and later, by the Arabs
7. The representatives of the MMRCL also requested for more time to prepare documents for an out-of-court meeting between them and the Parsi community