Rights and duties of Sikh spouses in matrimonial matters

December 28, 2023

This article has been written by Ms. Arshika Baghla, 1st year law student at Lloyd Law College, Greater Noida

“Sabhna jia ka ik daata, so mai visar na jai”

“The One Divine is the Giver of all souls; none are beyond His notice.”

Guru Nanak Dev Ji preached the belief in the oneness of humanity, irrespective of caste, creed, or gender. This teaching emphasizes the equality of all individuals in the eyes of the Divine

Abstract:

The article explores the comprehensive landscape of rights and duties inherent in Sikh matrimonial matters. Sikhism, a faith rooted in principles of equality and mutual respect, underscores the significance of shared responsibilities within the sacred institution of marriage. Drawing from Sikh religious teachings, legal frameworks, and cultural norms, this discourse elucidates the rights and duties of Sikh spouses in matrimonial relationships.

Sikh spouses possess intrinsic rights, including equality, mutual respect, personal freedom, support, and the freedom to practice religious beliefs. These rights form the foundation of an equitable and harmonious marital bond. Conversely, their duties encompass aspects such as mutual love and care, loyalty, shared responsibilities in household management and child-rearing, effective communication, and providing religious and spiritual support.

Additionally, the article addresses the legal dimensions of Sikh matrimonial matters, highlighting the relevance of legal frameworks in regulating marriages, divorces, inheritance, and family rights within Sikh communities. For instance, the Anand Marriage Act, 1909, provides legal recognition and procedures for Sikh marriages in countries like India.

Understanding and upholding these rights and duties are imperative for fostering healthy and enduring relationships between Sikh spouses. By amalgamating Sikh teachings with legal frameworks, couples can navigate matrimonial matters with compassion, unity, and mutual support, thereby fortifying the fabric of their marital bond.

Introduction:

Guru Nanak Dev Ji, the founder of Sikhism, was a remarkable spiritual leader. His life reflected the strength of divine love and his mission to uplift humanity. His teachings continue to inspire millions towards spiritual path and peaceful living.

The teachings of Guru Nanak, captured in his divine compositions known as “Shabad Guru”, form the foundation of Sikhism (originated in the Punjab in India, The name Panj-ab (i.e. the Punjab) means the Land of Five Waters). He emphasized the oneness of God and the oneness of all mankind irrespective of caste, creed or gender. His message of equality, compassion and selfless service became the cornerstone of Sikh philosophy. In the sacred institution of marriage, Sikhism emphasizes the principles of equality, mutual respect, and shared responsibilities between spouses. Sikh matrimonial matters are governed by a combination of religious teachings, legal frameworks, and societal norms that define the rights and duties of individuals within a marital relationship.

These rights and duties is crucial for fostering harmony and ensuring the well-being of both partners. This article delves into the rights and duties of Sikh spouses in matrimonial matters, drawing insights from Sikh religious teachings, legal perspectives, and cultural norms.

Rights of Sikh Spouses in Matrimonial Matters:

Right to Equality: Sikhism unequivocally upholds the principle of equality between spouses. Both husband and wife are regarded as equal partners in the marital relationship. Guru Nanak, the founder of Sikhism, preached the concept of “Ik Onkar,” emphasizing the oneness of all individuals regardless of gender. Thus, Sikh spouses have the inherent right to be treated with equal respect, dignity, and consideration within the marriage.

Right to Mutual Respect: Respect forms the cornerstone of Sikh marital relationships. Each spouse has the right to be treated with reverence and honor. Mutual respect fosters a nurturing environment within the marriage, where both partners value each other’s opinions, feelings, and contributions.

Right to Personal Freedom: Sikh spouses have the right to individual freedom and autonomy within the marriage. This includes the freedom to express opinions, pursue personal interests, and make decisions that affect their lives. However, this freedom is balanced by the principle of shared decision-making and mutual consultation between spouses.
Right to Support and Care: Both partners have the right to receive emotional, physical, and psychological support from each other. This support extends to times of happiness, adversity, illness, and challenges. Sikhism emphasizes the duty of spouses to stand by each other and provide unwavering support throughout life’s journey.

Right to Religious Practice: Sikh spouses have the right to practice their religious beliefs and traditions. This includes the freedom to engage in religious ceremonies, rituals, and practices important to their faith. Respect for each other’s religious beliefs is essential in Sikh matrimonial matters.

Duties of Sikh Spouses in Matrimonial Matters:

Duty of Mutual Love and Care: Sikh spouses have a fundamental duty to love and care for each other. This duty encompasses emotional support, compassion, empathy, and nurturing the emotional well-being of the partner. The concept of “Pyar” (love) in Sikhism emphasizes the duty of spouses to cultivate love and affection towards each other.

Duty of Loyalty and Faithfulness: Loyalty and fidelity are paramount in Sikh matrimonial relationships. Spouses are duty-bound to remain faithful and loyal to each other, fostering trust and confidence within the marriage. Adultery and infidelity are strongly condemned in Sikh teachings.

Duty of Shared Responsibilities: Sikh spouses share responsibilities in managing household affairs, raising children, and contributing to the family’s well-being. This duty involves equitable distribution of chores, financial responsibilities, and decision-making processes. Collaboration and cooperation in fulfilling these responsibilities strengthen the marital bond.

Duty of Communication and Respectful Discourse: Effective communication forms the bedrock of a healthy marriage. Sikh spouses have a duty to communicate openly, honestly, and respectfully with each other. They should actively listen to each other’s concerns, opinions, and viewpoints, fostering a culture of mutual understanding and harmony.

Duty of Religious and Spiritual Support: Supporting each other’s spiritual growth and religious practices is a significant duty in Sikh matrimonial matters. Encouraging and participating in religious activities together helps in nurturing spiritual harmony within the marriage.

Legal Framework and Sikh Matrimonial Matters:

In the religious and cultural aspects, Sikh matrimonial matters are also governed by legal frameworks. In countries with Sikh populations, laws pertaining to marriage, divorce, inheritance, and family rights apply to Sikh individuals. For instance, in countries like India, the Anand Marriage Act, 1909 recognizes Sikh marriages and provides a legal framework for their registration and dissolution. This Act acknowledges the solemnization of Sikh marriages through the Anand Karaj ceremony, Anand Karaj is the Sikh marriage ceremony, meaning “Act towards happiness” or “Act towards happy life”, that was introduced by Guru Amar Das . Moreover, laws concerning divorce, alimony, child custody, and property rights are applicable to Sikh couples in accordance with the prevailing legal system.

Culture norms in sikh matrimonial matters:

According to Guru Granth Sahib alludes to verses where Akal purakh or Almighty is referred to as a male/husband, and the Daas or believer as a female/wife. Many, including me would see it as Gender inequality, but we have to take into consideration the backdrop and context when the scriptures were penned down.

Civilizational evolution led to the agrarian economy and family structure wherein males took on the lead in going out to toil (basis their physical strength) and females took on the onus of a nurturer, basis her strength and agility to give birth. Both strengths are and were superior at their end; however, as trade and economy grew, it paved way for the concept of money in lieu of barter system. This made the one who went out to earn, as a provider and escalated his position. Needs of family could be met only by earning.

This equation wasn’t derogatory and in fact was a symbiotic pattern complimenting each other and balancing the paradox of husbands God prototype and female as an equal dimension, who nurtured the former to meet those demands. This meant give and take in equal measure without any hierarchy. It is only much later that the imbalance happened and patriarchal misogyny destroyed the fine balance. Vedic era gave specific and special privileges to females per se, as matter of their birthright.

Husband Wife Dynamics In Sikhism:

Therefore we need to see the husband-wife equation as represented in Guru Granth Sahib, in light of the mentioned dynamics.

Moreover Sikhism ordained Women at par with Men in all respects, including Battlefront. Gender parity on all fronts is the cornerstone of Sikh ethos.

Kaur as princess and Singh as leader or lion, is a direct leverage of dignity and respect to both genders and there’s no scope for any kind of discrimination thereof.

Pro Active Dynamics:

There are no duties as such but a wife should treat her husband with love, dignity, respect and care in Sikhism. Perceiving him as an achiever or King, makes her a Queen by default. Similarly a Husband needs to do his bit in equal measure, to empower, enrich and escalate her individuality. There’s no scope for imbalance, lest it backfires for both.

Remember Guru Nanak said “ So kyon manda aakhiye, jitt humney Rajaan”. Implying, why should she be called inferior; the one who gives birth to Kings. Here I guess we can incorporate “birth to Queens” too. After all times change and so do sociological dynamics.

Conclusion:

Conclusively, where else do you find such egalitarianism and parity. Sikhism doesn’t discriminate and neither should Sikhs. Husband and wife are humans first. Sikh matrimonial matters are guided by the principles of equality, mutual respect, and shared responsibilities. Understanding the rights and duties of Sikh spouses is crucial for nurturing healthy and harmonious relationships. The teachings of Sikhism, coupled with legal frameworks, emphasize the importance of love, respect, communication, and mutual support within the institution of marriage. By upholding these principles, Sikh spouses can navigate matrimonial matters with understanding, compassion, and unity, thereby strengthening the foundation of their relationship.

References:

https://www.mdpi.com/2077-1444/11/2/95

December 28, 2023