Parsi community's lawyers argue that constructing Metro III under the Atash Behrams is a violation of their Constitutional right to freedom of religion
MMRC officials want to continue carrying out the controlled blasting for Metro III. File Pic
The Parsi community's battle to save their holy Atash Behrams (fire temples) gathered further heat yesterday, as the arguments shifted from the structural safety point of view to freedom of religion.
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On Tuesday, as the community's lawyers challenged the proposed Metro III construction, stating that it violates their right to religious freedom. "Fire is the divine source of spiritual force, and Atash Behram is the highest grade of sacred fires," said Navroz Seervai, one of the lawyers representing the city's Parsis, along with advocates Shyam Mehta and Zerick Dastur.
Seervai added that constructing the Metro directly below the Atash Behram would break the 'connection between the fire and the mother earth'. While Srihari Aney, the advocate representing the MMRC, stated that the idea of the connection between fire and the core of the earth is not an integral part of Zoroastrian faith, Seervai argued that the MMRC had not relied upon the expertise of Parsis before making that claim.
"The MMRC has filed a highly irresponsible affidavit without any knowledge of the Zoroastrian faith, and they have ridiculed and denigrated a minority community," he said.
Emphasising on the importance of Wadiaji and Anjuman Atash Behrams, which fall along the proposed alignment of Metro III, Seervai pointed out that both are Grade III heritage structures. He told the court, "There are a total of eight Atash Behrams in the world, of which four are in Mumbai, including these two. If the Metro construction is allowed to continue, there could be irreversible spiritual damage and there are distinct chances of structural damage as well. It will devastate the faith of Zoroastrians worldwide."
The significant part of his argument focused on Article 25 of the Constitution, referring to freedom of religion. "We're a small minority, but we have rights and we are asserting our fundamental right," he said. The arguments will continue at the next hearing on September 18, when the Parsi lawyers plan to speak about the MMRC's alleged reluctance at sharing plans and details for the proposed work.
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