History of the Parsis : including their manners, customs, religion and present position : with coloured and other illustrations : in two volumes

CHAP. V.] SPECIAL LEGISLATION. 265

munity living under diverse systems of law; but so they do now: the only difference is that, in the actual state of things, the law under which the Parsis of the Presidency towns live is not only not uniform with the Mofussil Parsi law, but is also, as they contend, bad; whereas if altered as they desire, though still not uniform with the Mofussil law, it would be, as they contend, good.

“Having arrived at the conclusion that the Parsis of the Presidency towns have real grievances to complain of in the existing state of the law applicable to them, and that the changes they propose would be for them beneficial changes, we should be very reluctant, especially considering the numbers and intelligence of the Bombay Parsis, to refuse to recommend the adoption of the reform they seek, simply because we could not also recommend an extension of the same reform to the Mofussil Parsis.

“But is this the case? Is the law of inheritance, succession, and property as now administered to Parsis in the Mofussil so satisfactory as to require no reform? Is there such serious and well-grounded objection to the reforms proposed by the Bombay Parsis as to lead to any apprehension of real inconvenience from extending to the Motfussil the proposed legislation 4

“On both these points the majority of the Commission are of opinion in the negative.

“ They think it would be a clear gain to the Mofussil Parsis to have their laws of inheritance, succession, and property in marriage fixed by positive regulation instead of fluctuating with the vague evidence of unwritten usage; they also think that neither on the ground of religious scruple nor apprehended inconvenience haye the Mofussil Parsis made out any case against the proposed provisions of the draft code; and, though still of opinion that in such case limited legislation would be admissible, the majority of the Commission are, therefore, prepared to recommend that the provisions of the draft code, as amended by them, and subject of course to such further amendments as the Supreme Legislative Council might see fit to make, should be extended to the entire Parsi community of India.”

Having thus disposed of the question of the Draft