A Stunning blow to Sikh Aspirations

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The Sikhs had long been fighting for amendments to the Anand Karaj (Marriage) Act to convert it into a legislation governing their marriages. But the Centre’s decision to drop the proposal has dealt a blow to their aspirations. Perneet Singh takes an in-depth look into the issue

Sikh leaders and scholars have reacted strongly to the Centre’s decision to drop the proposal for a Sikh Marriage Act, a major demand of the Sikhs since decades. Law Minister Salman Khursheed had yesterday informed Parliament that after receiving several representations for amendment to the Anand Marriage Act, 1909, the government had decided to drop the proposal. He was answering a query by Rajya Sabha member Sukhdev Singh Dhindsa (SAD).

The Sikhs have been fighting for amendments in the Anand Karaj (Marriage) Act, 1909, passed by Viceroy and Governor-General on October 22, 1909. The Act reads: “This Act would be extended to the whole of British India.” While introducing the Anand Marriage Act, the British Government had made it clear that it was being introduced to remove doubts as to the validity of the marriage ceremony of the Sikhs called “Anand”. Post-Independence, the Anand Marriage Act, 1909, was extended to the new provinces and states merged under the the Merged States (Laws) Act, 1949, and to the Union Territories in 1950 and Manipur and Tripura in 1956. The Act was brought into force in Meghalaya on January 21, 1972. However, Sikh marriages are not registered under it till date. The Sikh marriages performed under Sikh rites are registered either under the Hindu Marriage Act or the Special Marriage Act.

Anand Marriage Act, 1909
The Act’s salient features are:

All marriages which may be or may have been duly solemnised according to the Sikh marriage ceremony called “Anand” shall be deemed to have been with effect from the date of the solemnisation of each respectively, good and valid in law; nothing in this Act shall apply to: (a) any marriage between persons not professing the Sikh religion, or (b) any marriage which has been judicially declared null and void

Nothing in this Act shall affect the validity of any marriage duly solemnised according to any other marriage ceremony customary among the Sikhs.

Nothing in this Act shall be deemed to validate any marriage between persons related to each other in any degree of consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal.

HINDU MARRIAGE ACT, 1955

The Hindu Marriage Act, 1955, extends to the whole of India, except Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. This Act applies to:

Any person who is a Hindu by religion in any of its forms, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj

Any person who is a Buddhist, Jain or Sikh by religion; Any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. The Act also states that the expression “Hindu” in any portion of this Act shall be construed to include a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. As a result, the Anand Marriage Act 1909, which was the only piece of legislation applicable exclusively to Sikhs, has become redundant.

DIFFERENT CUSTOMS

So far, there is no provision for the registration of a marriage under the Anand Marriage Act, despite the fact that it has been on the statute books since 1909. As such, the Sikhs have to get their marriages registered either under the Hindu Marriage Act or the Special Marriage Act. This is the reason why Sikhs have had reservations on getting their marriages registered under the Hindu Marriage Act. The Sikhs contend that they are a separate religion with a different set of customs and there are several differences in the way marriage ceremonies are solemnised by followers of the two religions.

Guru Granth Sahib strictly prohibits idol or element worship, but in the Hindu marriage ceremony, the worship of nine constellations of stars is necessary and the Agni (fire) is a witness to the holy union. In case of the Sikhs, Sri Guru Granth Sahib is the witness.

A Sikh couple walks around the Holy Granth to the recitation of four hymns, known as "lawaan". A Hindu couple takes seven “pheras” around the Agni.

POST-INDEPENDENCE SCENARIO

Sikh scholars feel that the process of distinct laws for the Sikhs was undone by the policy adopted under Explanation II to Article 25 (2) of the Indian Constitution.This provision ensured that the Sikhs were included in the definition of Hindu. As a result, Sikhs come under the Hindu Marriage Act 1955, the Hindu Minority and Guardianship Act, 1956, the Hindu Adoption and Maintenance Act, 1956, and the Hindu Succession Act, 1956.

AN EVENTFUL YEAR

The year 2008 turned out to be a momentous year for the Anand Marriage Act, 1909, with the Punjab Assembly passing the Punjab Compulsory Registration of Marriages Bill:2008 on March 12, 2008, paving the way for registration of marriages under the Anand Marriage Act: 1909. The Pakistan Govt, too, passed the draft of the Anand Marriage Act on January 23, 2008, to allow Sikhs to register marriages under a separate marriage Act.

WHAT IS ANAND KARAJ

Anand Karaj was introduced by third Sikh guru, Guru Amar Das. The four “lawaan” (hymns recited during the marriage ceremony) were composed by his successor Guru Ram Das

The Anand Karaj is governed by the Sikh “rehat maryada” (Sikh code of conduct) determined by the SGPC, according to which only those who follow the Sikh religion may marry under the ceremony

It also states that child marriage is invalid and that no account should be taken of the prospective spouse’s caste

The Anand Karaj usually takes place in a gurdwara, though it may also be conducted at the residence of bride or groom or any other place where Guru Granth Sahib has been installed

However, it must be ensured that the Holy Granth is installed following the proper procedure

According to an edict by Akal Takht, Anand Karaj is to take place only in a gurdwara and Guru Granth Sahib cannot be taken to a marriage hall for the purpose

Long PENDING DEMAND

There is no provision for registration of marriage under the Anand Marriage Act, despite the fact that it has been on the statute books since 1909. This legislation applicable exclusively to the Sikhs has, thus, become redundant

As such, the Sikhs have to get their marriages registered either under the Hindu Marriage Act or the Special Marriage Act

The Sikhs contend that theirs is a separate religion with a different set of customs

The voices

“The government should not resort to dilly-dallying but implement the Act immediately. It has already been implemented in Pakistan and even the British regime had recognised the fact that Sikhism is a separate religion. Sikh lawyers should come forward to find a way out”

— Akal Takht chief Giani Gurbachan Singh

“The statement by the Law Minister in support of the move to drop the proposal is misleading. We are simply seeking an amendment to pave the way for adding a clause. What we are demanding was passed by the Standing Committee unanimously in December 2007 and the government had assured both the Houses that it would be passed”

— Rajya Sabha MP Tarlochan Singh

“We are deliberately being discriminated against. It is sheer injustice with us. We will consult legal experts and decide our future course of action

— SGPC chief Avtar Singh Makkar

“Anand Karaj is totally different from the marriage rituals of the Hindus and it should be brought under the Sikh Marriage Act. It is high time that the SGPC and the SAD fights for the cause”

— Former GNDU VC SP Singh

“This issue is related to the turban issue and other problems the Sikh abroad face. Right thinking men,Sikh or non-Sikh, should appreciate that it is a necessity now. I will impress upon the government to review the decision”

— Noted lawyer HS Phoolka

“The move is aimed at denying us a separate identity. The Law Minister’s argument justifying the government step does not hold water. We want to tell the minister, who is talking of Article 44, that whenever the Muslims and Christians accept a uniform civil code, we too will accept the same”

— Former SGPC secy MS Calcutta

“The Centre cannot drop the proposal. I have learnt that it will soon be placed before the Cabinet. If there is a hindrance, Punjab CM Parkash Singh Badal should call a special session of the Assembly and pave the way for registration of all the marriages performed as per the Sikh code of conduct under the Act”

— DSGMC chief PS Sarna

“Sikhism is a separate religion. It is a matter of regret that the birth, marriage, adoption, death of a Sikh is in accordance with the laws of another religion. Explanation II of Article 25 (2) (b) of the Constitution continues to classify Sikhs as Hindus”

— Dal Khalsa leader Kanwar Pal Singh

“The Congress-led UPA Government at the Centre has adopted an "anti-Sikh" posture by "deliberately" rejecting the proposal of the separate 'Sikh Marriage Act' for solemnising the marriages of the community. The Sikh community in general and the SAD in particular had been impressing upon the Centre for expeditious enactment of the 'Anand Karaj Act' for Sikhs on the pattern of similar acts covering the Muslims, Christians, Parsis and Jews. The decision came despite an assurance to various SAD MPs by ex-Law Minister Veerappa Moily that the draft bill for the Act was ready and would be sent for Cabinet approval soon. before being placed in Parliament.

— Chief Minister Parkash S Badal

Ghulami di nishani