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

270 HISTORY OF THE PARSIS. [CHAP. V.

marriage with a stranger of another faith, the intervention of law to render such marriage contract civilly null and void would appear to be singularly harsh and oppressive.” .

On these two important questions, about which the European members of the Commission differed from their native colleagues, the Government of Bombay, in its resolution dated 20th October 1863, rightly agreed with the former and expressed itself thus —

“The Honourable the Governor in Council considers that the Commission has taken exactly that view of this question which good policy and common sense would dictate. The Commission would not prohibit such marriages by explicit legislation, but at the same time it would omit the provisions in the proposed Act which relate to them, and which are intended to assert and vindicate the duties and obligations arising from such contracts. It would leave them to be dealt with, in foro domestico as it were, by the Panchayet. ‘This is, in the opinion of the Honourable the Governor in Council, exactly the proper view. The British Government cannot justly be called on, when legislating for the assertion of Parsi rights, to recognise customs which it deems injurious, and which have no sanction from the religious law of the Parsis, but which have been insensibly adopted from the Hindus around them.

“The Honourable the Governor in Council also considers that he should express an opinion on the 9th question discussed by the Committee.

‘Can the Indian Legislature be rightly asked to recognise difference of religious belief existing before and at the time of marriage as a valid ground for rendering a Parsi marriage ipso facto void, or to recognise difference of religious belief taking place after marriage as a valid ground for rendering a Parsi marriage voidable 2?”

“The European members of the Commission cannot recommend that either of these provisions should be adopted by the