This article has been written by Mr. Abdul Ahad Shaikh, a 2nd-year student at Rizvi Law College, Mumbai.

Abstract: This article explores the legal aspects of Sikh marriage registration, focusing on the Anand Marriage Act and its amendments. It traces the historical challenges faced by Sikhs in marriage registration and discusses the significant 2012 amendment, allowing Sikhs to register marriages under the Anand Marriage Act. The legal and cultural implications, including court cases and concerns about Sikhs being subject to Hindu laws, are analysed. The article concludes with a guide on how to officially register a Sikh marriage under the amended Act, highlighting the conditions and documentation required. The complex issue of Sikhs following Hindu laws is examined, emphasizing the need for legal recognition aligned with Sikh identity.

Introduction:

Sikh marriage, known as Anand Karaj, is a sacred and meaningful union in Sikhism. This ceremony happens in the presence of the Guru Granth Sahib, the holy book of Sikhism, and show a deep dedication to a life together. However, for a long time, Sikh marriages faced a challenge as they were not legally recognized.

To fix this, the Anand Marriage Act of 1909 was introduced during British rule, but it lacked provisions for registration. So, Sikhs had to register under the Hindu Marriage Act of 1955. This caused confusion, especially for Sikhs abroad who were officially categorized as “Hindu.”

In 2012, the Indian Parliament made a law allowing Sikhs to register their marriages under the Anand Marriage Act instead. This legal recognition is crucial for protecting couples’ rights and interests, ensuring they get all legal benefits. The Anand Marriage Act was amended in 2012 to include provisions for registration, aligning with Sikh customs outlined in the ‘Sikh Rehat Maryada.’ This change was a big deal because for over a century, Sikhs faced challenges in officially being recognized as Sikhs in marriage registrations. Now, thanks to the Anand Marriage (Amendment) Act of 2012, Sikhs can register their marriages under the Anand Marriage Act, aligning their legal status with their cultural identity and resolving a long-standing problem.

Sikhism and Sikh: 

Sikhism is a religion and philosophy that began in the late 15th century in India’s Punjab region. Followers, known as Sikhs, believe in One Immortal Being, Ten Gurus, the Guru Granth Sahib (Sikh scripture), teachings of the Gurus, and baptism by the tenth Guru. Sikhs reject allegiance to other religions. Male Sikhs use Singh (‘lion’) and females use Kaur (‘princess’) as last names, challenging India’s caste system. They emphasize “welfare of all” and actively engage in humanitarian aid globally.

Guru Nanak founded Sikhism, promoting equality and spirituality. The Punjab region is the historic Sikh homeland. Worldwide, there are approximately 25 million Sikhs, with 80% in India, and significant populations in Canada, the UK, the US, Australia, and other countries. Sikhism teaches devotion to God, honesty, compassion, humility, and generosity. The Holy Book is Guru Granth Sahib. Sikhs believe in the oneness of God “Ik Onkar”. The religion advocates universal acceptance, equality, and social justice.

In the context of Sikh matrimonial practices, what are the Ceremonial and Legal aspects involved in the term “Anand Karaj”?

Anand Karaj is the Sikh marriage ceremony, a significant and joyous event in Sikh culture. The term ‘Anand Karaj’ translates to ‘Blissful Union’ or ‘joyful ceremonial occasion.’ Guru Amar Das initiated it, and Guru Ram Das added the important ‘Laavan’ hymn. During Anand Karaj, the couple circles around the Guru Granth Sahib, the holy scripture of Sikhism, symbolizing their commitment under divine guidance. Originally, the ceremony involved circling a sacred fire, but it transformed into encircling the Guru Granth Sahib to highlight the spiritual aspect of the union.

In Sikh marriage, it is believed that a couple is truly married when they become ‘one light in two bodies,’ signifying a strong spiritual connection. The goal is for the couple to feel and think alike, becoming ‘Ek Jot Doe Murti,’ meaning ‘one spirit in two bodies.’ This illustrates how their souls are deeply connected in marriage. Anand Karaj is not just a social event; it represents Sikh principles, emphasizing a committed life guided by strong values. It is a beautiful way of joining souls in marriage, introduced by Guru Amar Das and formalized by Guru Ram Das.

In a Sikh Marriages, there are important steps, customs and principles:

• Ardas: The Sikh wedding ceremony begins with a prayer called Ardas. This prayer asks for blessings from the Guru for the couple and everyone present. It marks the start of a spiritual journey for the couple.
• Kirtan: After the opening prayer, hymns and Shabads from the Guru Granth Sahib are sung. This creates a sacred atmosphere, adding a musical and devotional aspect to the ceremony.
• Laavan: The central part of the Sikh marriage ceremony is called Laavan. Here, the couple walks around the Guru Granth Sahib in the Gurdwara. Laavan consists of four hymns that symbolize the soul’s journey through different spiritual stages, showing the deep connection between the couple.
• Anand Sahib: Following Laavan, the Anand Sahib prayer is recited. This prayer emphasizes the joy and bliss of a union blessed by the Guru, highlighting the spiritual significance of the marriage.
• Ardas and Hukamnama: The ceremony concludes with another prayer called Ardas, seeking blessings for the couple’s future. A random verse (Hukamnama) from the Guru Granth Sahib is read, providing guidance for the couple’s married life. This marks the end of the formal ceremony.
• Karah Prasad: As a symbol of shared blessings, a sweet pudding called Karah Prasad is distributed to the congregation. This moment represents communal joy and celebration.
• Guru Ka Langar: The wedding ceremony is often followed by a communal prayer and a shared meal known as Guru Ka Langar. Everyone, regardless of background, is welcome to join, reinforcing the sense of community and equality in Sikhism.

Customs and Principles:

• Sikh marriages emphasize equality between partners.
• Caste or social status is not considered in marriages.
• The practice of giving or receiving dowry is discouraged.
• Sikhs practice monogamy, and husband and wife are seen as equals.
• Remarriage is allowed, including for widows and widowers.
• The religious ceremony must take place in a Gurdwara or the bride’s home, avoiding commercial venues.
• The cost of the wedding is ideally shared equally, promoting collective responsibility.
• Sikhism encourages the married state as a means of achieving spiritual and individual fulfilment.
• Most Sikh marriages are arranged, with parents actively contributing to their children’s marriages.
• There is an emphasis on marrying within the Sikh community based on faith, humility, and honest means.

Some challenges in Sikh marriage:

No Divorce in Sikhism: In Sikhism, people believe in staying married for life, and divorce is not allowed. This commitment is crucial, but it poses a challenge for couples who cannot resolve their issues since they cannot legally get a divorce in Sikh tradition. There are ongoing discussions about this – some argue for its removal, while others support it as a tradition. This puts pressure on lawmakers as the Sikh community is requesting a separate personal law for their religion. The decision to allow or disallow divorce is in the hands of lawmakers.

Community Intervention: When couples face issues, they often seek support from the community, particularly a group called Panj Pyaaray. While community support is valuable, some individuals may feel that their private matters become less private when others get involved. 

Challenges with Interfaith Marriages: If someone from a different religion wants to marry a Sikh in the Sikh way, it can be challenging. The strict rules and expectations in Sikhism make it tough for those who are still deciding whether to fully commit to the Sikh way of life. This presents challenges for individuals who don’t entirely agree with or follow all Sikh values. Sikhism requires a complete and controlled belief system for participation in the Anand Karaj ceremony.

Legal aspects: 

The Anand Marriage Act of 1909, established by the British Imperial Legislative Council, officially recognizes Sikh marriages conducted through the Anand Karaj ceremony. This legal framework honours Sikh customs and practices, providing legal validation for marriages following Sikh traditions. However, the Act, applicable throughout India except Jammu and Kashmir, has limitations, it doesn’t cover marriages involving individuals outside the Sikh religion or those declared null and void by the court. Additionally, it lacks provisions for registering marriages, creating challenges for Sikhs who often had to register under the Hindu Marriage Act of 1955, leading to a conflict between cultural identity and legal status.

In response to these challenges, a Sikh member of the BJP and Rajya Sabha proposed a bill in 2004 to amend the Anand Marriage Act of 1909. After eight years, in 2012, Sikh scholar Birendra Kaur filed a petition in the Supreme Court to prevent the application of Hindu marriage law to her community. The Supreme Court raised a crucial question to the government, asking if they could label it the “Buddhist marriage act” and apply it to the other three communities.

The 2012 amendment to the Anand Marriage Act, passed by the Indian Parliament, aimed to resolve registration challenges for Sikhs. By allowing the registration of Sikh marriages under the Anand Marriage Act, the amendment sought to align legal recognition with Sikh customs, ensuring a seamless integration of cultural identity and legal status. 

The Anand Marriage (Amendment) Act, 2012:

1. Title and Applicability: 

• The Anand Marriage (Amendment) Act, 2012, extends to the whole of India.

1. Validity of Anand Marriages:

• All marriages solemnized under the Sikh marriage ceremony (Anand Karaj) are considered good and valid in law from the date of solemnization.

1. Exemptions from the Act: 

• The Act doesn’t apply to marriages between persons not professing the Sikh religion or those judicially declared null and void.

1. Preservation of Other Sikh Marriages:

• Marriages solemnized according to other customary Sikh ceremonies remain valid.

1. Non-Validation of Certain Marriages:

• The Act doesn’t validate marriages between persons related within prohibited degrees, as per Sikh customary law, rendering such marriages illegal.

1. Registration of Marriages:

• For proof of the marriage ceremony (Anand Karaj) among Sikhs, the State Government will establish rules for the registration of such marriages.
• The Marriage Register is open for inspection and admissible as evidence.
• The validity of any Anand Marriage is not affected by the omission to make an entry in the Marriage Register.
• Parties whose marriage is registered under this Act are not required to register under any other law.

This amendment aimed to resolve registration challenges faced by Sikhs, establishing a legal framework for recognizing and registering Sikh marriages under the Anand Marriage Act. Changes included the formal inclusion of the term ‘Anand Karaj’ in the Act, aligning it with the specific Sikh marriage ceremony. Additionally, Sections 3 and 4 were inserted to define exemptions and safeguard the validity of marriages solemnized by other customary Sikh ceremonies. Notably, the exception for Jammu and Kashmir was removed, extending the applicability of the Anand Marriage Act to the entire country.

As per the section 6 of the Act, every state should make rules for registering marriages under the Anand Marriage Act 1909. Now, over 10 states, like Haryana, Andhra Pradesh, Tamil Nadu, Kerala, Rajasthan, Delhi, Chandigarh, Himachal Pradesh, Meghalaya, Punjab, and Uttarakhand, follow the Anand Marriage Act. Each state has its own rules for it. In 2018, Chandigarh and Delhi made special rules for Sikh marriages under this Act. Recently, Uttarakhand, Assam, and some Union Territories also said they will recognize Sikh marriages under this Act.

In November 2022, the Supreme Court, with Justices Ajay Rastogi and C. T. Ravikumar, got a request to direct the states to quickly notify the rules for Sikh marriages registration under the Anand Marriage Act all over India. In a legal case, a Sikh couple asked the Bombay High Court to direct the state of Maharashtra to make rules for marriage registration under the Anand Marriage Act. Even after 10 years, Maharashtra still tells Sikhs to register under the Hindu Marriage Act.

In 2006, the Supreme Court said all Indian citizens’ marriages must be registered in the Seema Vs. Ashwani Kumar case. This made marriage registration a must for everyone. Because of this, Sikhs had to register under the Hindu Marriage Act, 1955, even though it doesn’t match their traditional practices. 

Is it right for Sikhs to follow Hindu laws?

This question is quite complex, involving history, law, religion, and the constitution. In the past, Sikhs used to follow Hindu laws, but things changed with the Anand Marriage Act of 1909, specifically created for Sikh marriages. However, issues arose with the implementation of the Hindu Marriage Act of 1955, causing concerns about preserving Sikh identity.

Sikhism and Hinduism have notable differences in their origin, scriptures, worship practices, and the treatment of women. Sikhism rejects certain Hindu beliefs like caste and rituals performed by priests, focusing on equality and lacking a clergy system. These differences highlight the unique aspects of Sikh religious practices.

Despite Sikhism being recognized as a separate religion in the constitution, Sikhs still find themselves under Hindu laws. The Hindu Marriage Act, 1955 extends its applicability to individuals who are Buddhists, Jains, or Sikhs by religion. The Anand Marriage Act faced problems of implication, leading Sikhs to register under the Hindu Marriage Act. This has created a perception that Sikhs are wrongly labelled as Hindus under certain laws, raising worries about religious freedom. Article 25 of the Constitution guarantees the right to practice any religion, creating a contradiction when Sikhs are subjected to Hindu laws. This raises questions about effectively implementing constitutional guarantees and the need for legal recognition respecting Sikh identity and principles, essential for upholding religious freedom.

Court cases, like Ashima v Narendra and Sastri Yagnapurushadji v Muldas Brudardas Vaishya, played a crucial role in shaping the legal landscape. It was emphasized that Hinduism is so diverse that defining it precisely is almost impossible. The Hindu law doesn’t define who is a Hindu, but rather identifies individuals to whom it applies. This includes anyone born into or converted to Hindus, Jains, Sikhs, or Buddhists. The court described Hinduism as a way of life, not confined to traditional religious features.

In Bhagwan Kour v J.C. Bose and Sugan Chand v Parkash Chand, it was determined that Sikhs, without special customs, are governed by Hindu law. This adds to the perception among Sikhs that their unique religious identity isn’t fully acknowledged in legal matters.

The Hindu Marriage Act of 1955 brought significant changes to traditional law, making Hindu marriage more like a Western contractual union. The Act covers aspects like consent, divorce, age limits, and prohibition of bigamy. Interestingly, the law no longer favours males. It deviates from Hindu Law principles and has borrowed extensively from English Matrimonial Law. Sikhism, as a modern religion, is open to adopting modern laws aligning with its principles. Despite claims that the Hindu Marriage Act is secular, the persistent issue lies in the title inaccurately including Sikhs under the Hindu umbrella. Clarifying this is crucial for recognizing the distinct identity of Sikhs within the legal framework.

How can you officially register a Sikh marriage?

To register a Sikh marriage under the Anand Marriage (Amendment) Act, 2012, certain conditions and documentation are required:

 

Conditions for Registration:

1. No party should have a living partner at the time of marriage.
2. Both parties should be mentally fit and able to give free and valid consent for the marriage.
3. Neither party should suffer from mental disorders or persistent bouts of insanity affecting their ability to consent or procreate.
4. The bridegroom should be at least 21 years old, and the bride should be at least 18 years old at the time of marriage.
5. The parties should not be closely related, unless allowed by their customs.

 

Documentation Needed:

1. Completed application form signed by both parties.
2. Documentary evidence of the date of birth of both parties (e.g., passport, PAN card, driving license).
3. Affidavit specifying the date, location, time of marriage, and information about marital status and nationality.
4. Two passport-sized photographs of each party and one marriage photograph with an invite.

Registration Procedure:

1. All Sikh marriages, whether before or after the Anand Marriage (Amendment) Act, 2012, should be recorded in the Marriage Register maintained by a government or authorized local authority officer.
2. The Marriage Register is open during working hours for examination by the parties for future proof.
3. Parties can request information from the register by applying to the Registrar with appropriate fees.
4. Unrecorded marriages performed by ‘Anand Karaj’ are still valid.
5. Registering a marriage under this act fulfils the registration obligation, eliminating the need for registration under other laws enforced at the time.

 

Conclusion:

The Anand Marriage (Amendment) Act of 2012 made important changes for Sikhs in registering marriages. Before this, Sikhs faced challenges as their marriages fell under Hindu laws. The new law allows Sikhs to register under the Anand Marriage Act, reflecting their cultural identity during the Sikh marriage ceremony, Anand Karaj. The article emphasizes the customs and challenges in Sikh marriages and the complexities of following Hindu laws. While the 2012 amendment aimed to improve registration, ongoing legal efforts are necessary. Registering Sikh marriages under the Hindu Marriage Act, 1955, is technically valid but removes the Sikh title, raising fairness concerns. Having a separate legislation for Sikh marriages is crucial to uphold their distinct identity and ensure fair legal recognition. 

References: 

Books: 

1. Owen Cole, “A Popular Dictionary of Sikhism” (Taylor & Francis 2005), (ISBN 9781135797607). The link for the same is here in: 

https://books.google.co.in/books?id=vcSRAgAAQBAJ&pg=PA17&redir_esc=y#v=onepage&q&f=false

Articles: 

• This article was originally written by William Hewat McLeod and published on Britannica.com; the link for the same is herein: https://www.britannica.com/topic/Sikhism.
• This article was published on SikhiWiki.org. The link for the same is herein: https://www.sikhiwiki.org/index.php/Anand_Karaj.
• This article was published on SikhNet.com. The link for the same is herein: https://www.sikhnet.com/news/decoding-and-defining-anand-karaj-marriage-act.
• This article was originally written by Jasminder Singh Anand and published on the Northern Territory Government website. The link for the same is herein: https://tfhc.nt.gov.au/__data/assets/pdf_file/0017/252224/nt-sikhism-fact-sheet.pdf.
• This article was written by Shefali Kohli and published on PTC News. The link for the same is herein: https://www.ptcnews.tv/nation/anand-marriage-act-implemented-in-chandigarh-know-about-act-how-to-register-726264.
• This article was published by CNBCTV18.com. The link for the same is herein: https://www.cnbctv18.com/india/uttarakhand-recognises-anand-marriage-act-what-is-it-sikh-weddings-17505011.htm.
• This article was written by Indira Bhasu and published on The Quint. The link for the same is herein: https://www.thequint.com/explainers/explainer-anand-marriage-act-anand-karaj-sikh-hindu-marriage-act-delhi-govt.
• This article was written by Anindita Deb and published by Shoronya Banerjee on blog.ipleaders. The link for the same is herein: https://blog.ipleaders.in/all-about-hindu-marriage-registration-procedure-in india/#Marriage_registration_under_the_Hindu_Marriage_Act_1955.
• This article was written by Rosy Sequeira and published in The Times of India. The link for the same is herein: https://timesofindia.indiatimes.com/city/mumbai/direct-maharashtra-to-notify-rules-to-register-sikh-marriages-under-special-act-plea-in-bombay-hc/articleshow/94487032.cms.
• This article was published by Helpline Law on January 16, 2021. The link for the same is herein: https://www.helplinelaw.com/family-law/SIKHMRP/sikh-marriages-and-registration-procedure-in-india.html.
• This article was published on Bare Acts Live. The link for the same is herein: http://www.bareactslive.com/Pun/pu927.htm#:~:text=%2D%20(1)%20The%20partiest%20to,the%20date%20of%20such%20marriage.

Case Laws: 

• Smt. Seema vs Ashwani Kumar (Case Number: 291 of 2005), The link for the same is here in: https://indiankanoon.org/doc/1037437/.
• Sastri Yagnapurushadji and Others vs. Muldas Brudardas Vaishya and Others (Appeal No. 91 of 1965) 1966 AIR 1119 and 1966 SCR (3) 242. The link for the same is herein: https://indiankanoon.org/doc/145565/.
• Shuganchand vs. Prakash Chand and Others, AIR 1967 SC 506. The link for the same is https://indiankanoon.org/doc/188377/.
• Ashima vs. Narendra, AIR 6 Cal W N. 1016
• Rani Bhagwan Kaur vs. JC Bose [3] (1903)

Statues: 

• Indian Kanoon. The link for the same is herein: https://indiankanoon.org/doc/125344553/.
• India Code. The link for the same is herein: https://www.indiacode.nic.in/bitstream/123456789/2347/1/190907.pdf.

Acts referred: 

The Constitution of India, 1950

The Anand Marriage Act, 1909

The Anand Marriage (Amendment) Act, 2012

The Hindu Marriage Act, 1955