Tata Trusts to amend Bai Hirabai Trust governance rules
Tata Trusts have decided to amend the governance rules (trust deed) of the Bai Hirabai Jamsetji Tata Navsaravaniya Trust, primarily to remove certain restrictive clauses governing eligibility of trustees. The move comes amid a succession‑related dispute and is framed as an effort to bring the over‑a‑century‑old trust into line with the Tata group’s stated values of inclusiveness and secular philanthropy.
What is being changed?
The key target of the proposed amendment is the clause that restricts trustee appointments to practising Zoroastrians (Parsis) and imposes specific residency conditions, such as being resident in Mumbai. The Bai Hirabai Board, chaired by Noel Tata, has resolved to initiate proceedings before the appropriate authority (likely the Maharashtra Charity Commissioner) to alter these “restrictive” trustee‑eligibility provisions.
Why is this happening now?
The decision follows a challenge by former trustee Mehli Mistry, who questioned the appointments of industrialist Venu Srinivasan and former defence secretary Vijay Singh, arguing that they did not meet the deed’s criteria on faith and residence. Tata Trusts have publicly stated that the aim is to “correct anomalies” in the 1923‑era trust deed and remove conditions that are seen as inconsistent with the Tata ethos of inclusivity and service to the nation.
Legal and practical implications
Amendments to charitable trusts in Maharashtra typically require approval from the Charity Commissioner, and any such order is expected to operate only prospectively, not retrospectively. This means that even if the restrictive clauses are removed, the legality of past appointments that allegedly violated the original deed may still be open to challenge. The move is also likely to be scrutinized in the context of broader governance questions within the Tata ecosystem, including trustee‑succession and alignment with the group’s long‑term vision.
