In 1851, Sir Jamsetjee Jejeebhoy advised his colleagues on Board of Parsi Punchayet to declare a Trust as there was no declaration until then and the first Trust Deed was formed with an addition of one more Trustee, totalling five.
In 1851, first ever Trust Deed was declared and out of six surviving members of the old Punchayet five were appointed as Trustees. Formerly, the Trustees themselves used to elect when there was a vacancy of the Trustees amongst themselves, and the Trustee was a life time Trustee.
The first Trustees were formed in 1823. One of the members of the Punchayet held the funds and properties managed in conjugation with the other leaders of the community. In 1823 four members of the Punchayet, who were so called the first Trustees Wadia Hormasji Bomanji, Framji Cowasji Banaji, Wadia Naoroji Jamshedji and Jamsetjee Jejeebhoy were appointed “Trustees for the purpose of taking care of the Punchayet moneys”. Although they were Trustees of funds only, they also managed immovable properties like, Dokhmas, Sagdies, and Sagdiwala’s House at Malabar Hill and Fort Nasakhana.
The first Parsi Punchayet was a self constituted body of the elders, and influential members of the community, constituted at the behest of the then Governor of Bombay, and had no legal sanction. It received implicit obedience from its co-religionists, and the authorities of Bombay, and there was no appeal against its decisions, so much so that at times those who were found guilty were publicly beaten up in the open streets by shoes, without any protest from any member of the community. On 1st January, 1787, six priests and six of laymen were selected and appointed to form a Punchayet for the purpose of adjudication on all social and religious matters concerning the Parsis, and were enjoined to do strict justice to all concerned “without fear, favour or affection to anyone”. Deriving its authority by a selective order of the Government, the Punchayet dispensed justice without recourse to any legal provisions, since none were existent, but according to what its members felt, was in the best interest of the community. They resolved the questions of marital discord, adoption, succession, domestic strife, etc. Those were the days when members of the community who were not still affluent, used to obey the dictates of the Punchayet,.
It is very difficult to state exactly when the arrangement of BPP came into existence. However, it was stated that it was between 1673 and 1681. 325 years ago, the Bombay population was 10,000, and as the flow of trade, inthe closing years of 17th Century, began to attract people, the population of city grew to about 60,000. In 1780, Parsi population was about 3,000 and had grown into 5,500 in 1880. Since the Britishers were not interested in social and religious affairs of the Indians, but had come only for trade, they had given free hand to the Parsis to organize themselves and look after the social and religious needs of the community.
The Parsi Succession Act of 1865 came into existence
1838 to be protected from the operation of the English Statute of Distribution in cases of intestacy and of the English Common Law relating to Husband and Wife, by virtue of which the wife could not exercise any independent disposing control during the life time of her husband over any property whatsoever, not even what she might have inherited from her own family. This memorial of 1838 was referred to the Indian Law Commission. Mr. Borrodaile was one of the members of this Commission and the Parsis carried on correspondence with him. They pointed out the case of a Parsi who had married a second time shortly before his death leaving some children by his first wife. One-third of the property went to the widow and the rest was equally divided amongst the other children. The Parsis also pointed out that if a son and a daughter got an equal share it was invidious as the son had to carry on the name of the father. So in 1855, the Parsis called a Meeting in the Banaji Fire Temple to consider and adopt measures for procuring the enactment of laws adapted to the Parsis. It was decided in the Meeting that the Managing Committee be appointed to draft a code of laws for the Parsis and a Petition be made to the Legislative Council of India. At this meeting an association called the Parsi Law Association was also formed.
In March 1860, the Commission presented to the Legislative Council this Code and an able petition from the Parsis and by its recommendation a Parsi Marriage and Divorce Act-1865 first came into existence and in 1865 The Parsi Succession Act No. 21 were enacted.
However, by 1836 there was a kind of interregnum. During these years the famous letters of “Q in the Corner’ appeared in The Times of India exposing the weaknesses of the erstwhile Trustees and their deeds of omission and commission, and showing how they were logger head with each other.
In the words of Carlyle, “this little life has its duties that are great that are alone great, and that go up to Heaven and down to hell”. Truly, he lives most, who feels the noblest and acts the best. Then alone his soul shall walk upright. A Trustee’s motto should be that integrity must be the architect, honesty the upholsterer, impartiality the ventilator, independence his shield, buckler, helmet and crown. This has been the tradition of the Trustees of the Bombay Parsi Punchayet, ever since it saw the light of day during the 17th century. All have gone out of office with honour and distinction and without any blemish on their record of integrity and character.
The following Dokhmas were built:
| NAME OF THE DOKHMA | BUILT BY | YEAR IN WHICH BUILT |
|---|---|---|
| Modi Vachha Gandhi | Modi Hirjibhai Vachha-Gandhi | 1672 |
| Maneckji Sett | Maneckji Nowroji Sett | 1751 |
| Anjuman | Parsi Punchayet | 1779 |
| Banaji | Framji Cowasji Banaji | 1832 |
| Bisni | Cawasji Edulji Bisni | 1844 |
| Chotra | Parsi Punchayet | 1800 |
The land today collectively known as Doongerwadi was donated to Trustees by philanthropic Parsis and some portion was even bought, which portion is known as Pandu Sett’s Doongerwadi.
Maneckji Sett, in 17th century built a wadi, which was known as Manekji Sett Wadi at Bhuleshwar, which was also known as Punchayet Wadi, which was used for holding such meetings, Anjuman Sabhas, ghambars, etc.
On 19th June, 1733, as the Parsi population increased, Seth Maneckji Nowroji Seth built a Dare Meher, which still exists in Fort Area. In 1791, many Parsis lost their lives due to Plague and a new Dokhma was erected for the five deaths.
The Atash Behram was consecrated in 1773 by Seth Dadiseth. Seth Pestonji Bomanji Wadia in memory of his mother got a road built to Doongerwadi in 1790, as the road was very dangerous in Rs. 1,300/-.
In 1823, the first Trustees of the Parsi Funds were appointed. They were, Mr. H. D. Wadia, Fram Cowasji, Nowroji and Jamsetjee Jejeebhoy, with a very small corpus of Rs. 18,000/-, which was placed in Remington Crawford & Co., and the affairs of the Parsis were carried out by the Committee of 18 members, out of whom six were Mobeds and the others were Behdins.
In 1849, Sir Jamsetjee Jejeebhoy, the 1st Baronet, started his own institution known as Sir J. J. P. B. School and from the Parsi Punchayet coffers
took Rs. 2,34,000/-, leaving a lean corpus of Rs. 66,000/- with them. Sir Jamsetjee Jejeebhoy advised his colleagues on the Board to declare a Trust as there was no such declaration and a Trust Deed was formed. And thus, the arrangement of Parsi Punchayet Board having Sir Jamsetjee Jejeebhoy, Nowrosji Jamsetjee, Cursetjee Jamsetjee, Maneck Jamsetjee, Maneckji Nusserwanji Petit.
In 1884 the Trustees had to declare another trust, encompassing their immovable properties, which were left out in earlier Trust Deeds. This was a well documented synopsis and shows what stage the Punchayet of earlier days was reduced to what the then Trustees were doing. It could not have been more amply put in so few words by the English draftsman assisted by the able Punchayet Secretary Nusserwanji Behramji.
The Punchayet assets gradually increased from Rs. 18,000/- in 1823 to about Rs. 3,00,000/- in 1851 and some properties at Malabar Hill, Doongerwadi land, including Dharamshalla land at Hughes Road given by Jamshedji Cawasji Banaji and Baharkot Nasakhana.
For over a 100 years the question of conversion, proselytism, has occupied the minds of the leaders of the community. The Parsis landed in India over 1200 years ago as refugees from a foreign land. The had different customs / different language and in al l respects people who stood out from the rest. The principal aim was to preserve their religion at any cost and besides at the same time they did not want to umbrage the hospitality of the people, who had given them refuge. They had come mostly from the province of Khoresan and were about 18,000 in number.
