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Concern about the Uniform Civil Code (UCC), court cases to define who is a Parsi, and elections and appointments of office bearers featured in the annual general and executive council meetings of The Federation of the Parsi Zoroastrian Anjumans of India (FPZAI) held at the Banaji Atash Behram Hall in Bombay on January 21 and 22, 2023 after a hiatus of three-and-a-half years. Twenty-three anjumans from Gujarat, six from Maharashtra, four from Madhya Pradesh and one from Karnataka joined the seven trustees of the Bombay Parsi Punchayet (BPP) for the meeting. There was not a single representative from the larger anjumans like Poona, Nagpur, Delhi, Calcutta and Madras.
Even before the UCC is finalized, the Supreme Court may decide to change the definition of a Parsi, stated Nargol representative Khushroo Deboo. In the suit filed by Dadar resident Sanaya Dalal, she was seeking that her son (born of a Parsi mother and a father whose mother is a Parsi and father, a Hindu) be entitled to a games membership at the Dadar Parsee Colony Gymkhana. "We cannot wait till then (UCC to be finalized). We need help or guidance now,” stressed Deboo who was supporting the Dadar Gymkhana in the matter and sought assistance from the FPZAI. He was concerned the legal fees would wipe out the Gymkhana’s corpus.

 

 

 

 

 

On the subject of UCC and its ramifications on the community, the vice president of the National Commission for Minorities (NCM), Kersi Deboo pointed out that it may have bearings on adoption. Currently there is no adoption law applicable to Parsis but under the UCC the adoption of a non-Parsi child by Parsi parents would raise the issue of whether such a child could be regarded as a Parsi.
Even while West Zone B vice president Sam Chothia will continue to function as chief executive officer (CEO) for the Federation’s Defunct Anjumans Committee (DAC), Bombay Parsi Punchayet (BPP) trustee Xerxes Dastur insisted, "We need a full-time CEO for FPZAI” and requested Ahmedabad Parsi Panchayat president Brig Jahangir Anklesaria (retd) to take on the mantle in an honorary capacity.
The newly constituted DAC headed by Chothia is geared to be "more inclusive,” with specific anjuman responsibilities assigned to different members and by roping in young Parsi lawyers who are willing to work pro bono. It will include the five Federation vice presidents, two secretaries, executive secretary and two treasurers, the seven BPP trustees, the NCM representative, Aspi Pastakia of Saronda, Rumy Zarir of Tavdi and Pervez Mehta of Bardoli. It was appreciated that Chothia was doing the honorary job for the last three years without taking a single paisa.
Among the anjumans that voiced concerns regarding their funds withheld by the BPP were Udvada, Valsad, Vyara-Songadh and Saronda. As stated Tehmton Sidhwa of Udvada, "The money was given to the BPP for safekeeping. The interest should be attributable to us. The funds should be in our name in an Escrow Account. When it is shown as our income, we are liable to tax.” Many anjumans in the past have complained about not receiving the interest or the capital amount from the perennially cash strapped BPP.
Pervez Irani of the Iranian Zoroastrian Anjuman (IZA) was of the view that the erstwhile Fed Newsletter should be started again and offered to take on the responsibility of editing it.
Since the Vesu Anjuman is keen to hand over its affairs to the FPZAI, DAC legal consultant Manek Kalyaniwalla was directed to work on the legalities. Pervin Jehangir who represented the Ilav anjuman and whose father as the president of the Mhow anjuman was the first to sign the custodianship agreement with the FPZAI, voiced her disillusionment with the document and the current affairs within the Mhow anjuman and the functioning of the FPZAI representatives assigned to oversee the anjuman.

 

 

 

 

 

 

 

 

 

 

 

In their interest
For funds held with the BPP, why do anjumans have to cite a reason to justify their release? queried Yazdi Motiwala of Borivli. Persi Buhariwala of Vyara-Songadh Anjuman and Pastakia complained about non receipt of interest and the procedure laid down that requires the anjuman to send a letter asking for the interest after which it is released.
North Zone vice president Tehmton Anklesaria complained that although the Jodhpur anjuman representative sent a letter seeking release of their principal amount to rebuild the aramgah boundary wall that was undertaken at his personal expense, the BPP has not released funds.  According to Dastur, they would need to first establish the bona fides of the individual as a trustee of the anjuman!
Dastur Khurshed Dastoor stated that despite the Udvada Anjuman having sent their resolution, funds have yet not been returned to them. Xerxes Dastur argued, "These are earmarked funds. An anjuman body today cannot change the wisdom of the forefathers…We need to follow what the settlors have originally said.”
Retiring FPZAI honorary secretary Farrokh Rustomji suggested that the anjuman representatives, the Federation treasurers and the BPP accounts team convene a separate meeting and prepare a document that reflects the funds held from the anjumans. Tehmton Anklesaria felt that it would be fitting to prepare a list of funds from different anjumans held with the BPP, even though the amounts may be negligible. In the case of Valsad, "the amount is Rs 15 to 16 lakh,” stated Chothia. When a complaint was voiced that ofttimes communication sent from BPP to anjumans is returned since it bears an incorrect address, Tehmton Anklesaria responded, "Why don’t you write to the vice president of the zone if you find that the addresses on your records are not accurate?” He insisted that "many (anjumans) say they have received no communication from the BPP for the last 10-15 years.” Pervin Jehangir felt it would be necessary to read the trust deed for it may be specified that the sum "is not to be returned to the anjuman but to be retained by the BPP.”
Xerxes Dastur assured, "We would be happy to return the sums to you. This is an administrative issue; a fiduciary responsibility undertaken by the BPP.”
When Motiwala suggested that the accounts of each anjuman be circulated with the minutes, Sidhwa objected saying, "My anjuman accounts are only for my members. We do not want our accounts to be shared with representatives of other anjumans.” Zarsis Udhnawala of Thana recommended that every anjuman should send its annual report with names of office bearers to FPZAI.

 

 

 

 

 

 

 

 

Code compliance
Besides seeking the support of Union minorities minister Smriti Irani, it was decided to form a committee that would deliberate and convey the community’s concerns to the government on the subject of UCC. The committee would include the seven BPP trustees plus Kersi Deboo, Kalyaniwalla, Bakhtawar Karbhari (representing Jabalpur), Sidhwa, Khushroo Deboo, Zarir, Pareecheher Daviervala representing Davier, Pervez Mehta, legal consultant Zerick Dastur and Hanoz Mistry.
Articles 25 and 44 of the constitution give the right of religious freedom, pointed out Kalyaniwalla. "We have already sent a letter on behalf of FPZAI in 2017,” reminded BPP trustee Anahita Desai.
The last two places where the jury system prevails in India are under the Parsi Marriage and Divorce Act and the Coroner’s Court in Surat, Kalyaniwalla briefed the gathering.
It was decided to seek the opinion of legal counsel Aspi Chinoy regarding registering names of new FPZAI office bearers which has hitherto not been done or appointing three senior members of the community as trustees so that every two years a change report need not be filed. "We are covered under the Society’s Act,” said Dinshaw Mehta, former BPP chairman and FPZAI president now representing Bardoli.  "Not complying with the law is a gross omission,” insisted Xerxes Dastur who felt there was a need to regularize the procedure.

 

 

 

 

 

Power play
Whether it was the appointment of the new secretaries or the cooption of five members to the executive council, the tug of war among the Federation factions [Dinshaw Mehta’s loyalists on one side and the World Alliance of Parsi Irani Zarthoshtis (WAPIZ) supporters on the other] was palpable on the two days. Both sides were constantly struggling for equal weightage in the appointment of FPZAI office bearers. Ultimately BPP trustees Viraf Mehta and Desai were appointed as honorary secretaries with Daviervala as executive secretary. Dinshaw Mehta would have liked Irani as secretary saying his experience on IZA would help the mofussil anjumans. "The tyranny of the minorities (referring to the preponderance of the Gujarat anjumans representing small Parsi pockets who are loyal to WAPIZ and attend in large numbers) is going to affect everyone,” feared Dinshaw Mehta. BPP trustee Adil Malia felt elections would be in order and enquired, "Why does this body want to avoid elections?” Federation president and BPP chairman Armaity Tirandaz stated, "We have never had elections in the past.”
When Pervez Mehta stated that whoever is appointed should be able to perform the secretary’s duties, Desai responded, "I have been involved with the Federation for 20 years.” According to Viraf Mehta, he had "given eight years of my youth” to community affairs, Buhariwala shot back he had devoted "four decades.”
"Whenever my name comes up for some post,” it is sidetracked, "It is most demotivating. Yesterday everyone was talking of having more youngsters on FPZAI. The amount of great work I have done, probably no one has,” Daviervala voiced her grievance before she was finalized as executive secretary.
Xerxes Dastur and Khurshed Pastakia were appointed as treasurers.  
Tirandaz’s list of five co-opted members had included Kersi Deboo, Daviervala, Irani, Zarir and Dinshaw Mehta which did not find favor with all. Chothia insisted that outgoing secretaries Noshir Dadrawala and Rustomji be retained as coopted members. "We need Noshir on the council. Adding new names (on the Charity Commissioner’s records) will be a problem,” he said. Will it take two years to add or delete names? enquired Jahangir Anklesaria. He received a confirmation from different anjuman representatives. Marazban Baria of Bilimora stated that even a new bank account cannot be opened unless the new names are registered. Jahangir Anklesaria urged Kersi Deboo to help expedite formalities for anjumans facing problems.
Viraf Mehta pointed out that in the past when new trustees came in, the earlier ones stepped down. "BPP trustees come in as elected representatives of 40,000 community members (the Bombay Parsi population could be under 30,000 now — editors),” he added while recording, "We are very grateful for the good job they have done.” Tirandaz felt that Dadrawala and Rustomji could "help us from outside.”
Kalyaniwalla cited clause 9.6 of the FPZAI memorandum which states "not more than five persons, preferably one from each zone” be coopted on the council. Pervez Mehta demanded, "Who has appointed you as a lawyer for the FPZAI? You are appointed for the DAC. I have been attending for 40 years. I don’t recall having passed this resolution.”
"I have had a long innings of 42 years. If you want me to go, I will gladly go,” stated Rustomji. Chothia and his supporters from West Zone B threatened a walkout if Dadrawala was not coopted. "We refuse to be threatened by any walkout. Feel free to walk out,” countered Xerxes Dastur. "Everybody wants power… There is a lot of bad blood,” stated Dadrawala who was not interested in continuing his association. He initially got up from the main table and sat outside the inner rectangle. At a later stage he walked out from the Banaji Hall but returned when persuaded by Xerxes Dastur. When he was faulted for vacillating, he retorted, "Don’t provoke me beyond a point.”

 

 

 

 

 

 

Since Khushroo Deboo’s name was suggested as a replacement to Dadrawala, Daboo observed that those present appeared "to have their own agendas. I joined Nargol to do better things.” He was not interested in upsetting the applecart "if people in a better capacity are there. If you want my help, I’m there.” Khodadad Irani, president of IZA, recommended, "Let there be a senior and let Khushroo Deboo work under him. Why create a vacuum?” Urging the members "to put aside their differences in the greater interest of the community,” Kersi Deboo recommended that those who are working well should be supported.
Ultimately, the five new members coopted on the executive council are Daviervala, Irani, Zarir, Khushroo Daboo and Yazdi Karanjia of Surat. Originally Kersi Deboo’s name was suggested but Dinshaw Mehta insisted he comes in automatically as representing the NCM. BPP trustee Hoshang Jal pointed out that the FPZAI rules have no provision for the Zoroastrian representative on the NCM to be included on the FPZAI executive. Supported Malia, "Let us go by the constitution.” On the 35-member executive council would a Minorities Commission representative be entitled to a voting right? 
The newly elected vice presidents are: Percy Karani of Thana from West Zone A, Chothia for West Zone B, Tehmton Anklesaria from North Zone, Cmde Medioma Bhada (retd) from South Zone and Russi Jeejeebhoy from East Zone.
A point recorded in the previous minutes referred to Baman Cama’s proposal that "all present office bearers except the president should not hold their posts for more than two consecutive terms.” Since it was further minuted that "members agreed to this suggestion” Pervin Jehangir stated that the decision should be applicable for the election of vice presidents. The inference was that Chothia and Tehmton Anklesaria should not be reelected as vice presidents as they had served more than two terms. "I think Chothia is doing a super job. Let someone else also do a super job,” said Xerxes Dastur.
The reasoning behind limiting the tenure of office bearers was apparently to encourage "fresh blood to be infused.” As expressed Aspi Pastakia, when "badha khursi pakri né bèsi réh tau (when people refuse to vacate their chair) there is complacency.” Dastur Khurshed Dastoor and Rustomji maintained that the issue was not put to vote at the last meeting. Tehmton Anklesaria offered to withdraw if it is so specified in the constitution. For another person to be elected, a nomination should have been received, reminded Chothia. When it was suggested that the elections could be postponed, Malia asserted that "this body cannot postpone elections.” Desai stated that if the anjumans of that zone have shown confidence in the vice president, objections from other anjumans need not matter.
For a change to be effected, the resolution should have been placed on the agenda and it should have specified which section of which clause is amended, then put to vote and passed, mentioned Dadrawala. "We are not following the clauses amended in the constitution three years ago because the charity commissioner’s approval is yet not received,” stated Desai. "We had changed the constitution after a great deal of discussion. First let that go through” before suggesting new changes, opined Rustomji. Once Ruhshad Cama of Baroda specified that his father Baman had not initiated any resolution and the assembly was made aware that even if a resolution were to be passed that day under any other agenda, it would still not be approved by the charity commissioner overnight, the matter was laid to rest. "Let’s move ahead where we can do bhalmansai (good) for the community,” recommended Karanjia.
The only time the member anjumans were required to cast their vote was for the election of Zonal representatives: While West Zone A (Maharashtra and Goa) agreed on Borivli and Thana since Sholapur had withdrawn, for West Zone B (Gujarat, Diu, Daman) that had three contenders for two seats, member anjumans had to decide on two. Ultimately Bilimora received 21 votes, Baroda, 19 and Saronda, four. But when counting votes, the representation of Khushman Tamboli of Rajkot was questioned for he had not come with authority from his local anjuman. While Tamboli was upset that his bona fides were being questioned after attending Federation meetings for 12 years, his remark that "selective rules cannot be permitted… We object to this dirty politics,” incensed Dadrawala who lashed out at Tamboli for referring to the decision reached as arising from "dirty politics.”
The South Zone was to be represented by Belgaum, and the North Zone by Mhow, Ratlam, Indore and Jabalpur. Commented Pervin Jehangir, "The custodial agreement is so badly worded that although Mhow was the first anjuman to sign the custodial agreement I would not advise anybody to sign it.” When Rustomji announced that Mhow has earned a good sum from sale of its properties after receiving a Supreme Court order in its favor, Pervin Jehangir voiced her grievances against the Mhow anjuman leadership. Tehmton Anklesaria and Rustomji who were the FPZAI  representatives on the Mhow anjuman insisted that these matters be discussed in the presence of Mhow trustees and therefore tentative dates were put forth: either February 21, 22 or 28, or March 1 when the Mhow anjuman office bearers could come down and meet the BPP trustees. "Why is she coming from Ilav and fighting for Mhow ad nauseam?” Karbhari wanted to know.
Daviervala was appointed FPZAI representative to Mhow in lieu of Rustomji who was retiring as secretary. When Xerxes Dastur cautioned Daviervala that she may be required to go to Mhow every two months, she told Xerxes, "Tauri Mercedes gaari laai né javas (I will take your Mercedes and go)!”
According to the custodianship agreement, the FPZAI comes into the picture when the membership falls to less than 15. Pervin Jehangir claimed there were only 15 members in the Mhow anjuman. "If there are 15 members, do we have the right to intervene?” asked Jal. "If I am selling property in Daman why do I have to inform FPZAI?” enquired Rohinton Engineer of Daman.