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

Abstract: This article explores how Sikh families navigate the delicate balance between their unique traditions and the legal frameworks governing family matters. Originating in India 500 years ago, Sikhism emphasizes equality and fairness, reflecting in customs like the Anand Karaj wedding ceremony and the importance of education for both genders. The challenge arises as Sikhs, dispersed globally, encounter varying family laws. The Hindu legal framework governs Sikhs in India, posing conflicts with Sikh values. The article delves into legal frameworks like the Hindu Marriage Act and Succession Act, offering recommendations for aligning them with Sikh principles. It addresses challenges in marriage, divorce, succession, and guardianship, proposing nuanced legal amendments to uphold Sikh values while ensuring fairness and equality in a changing world. Balancing tradition and law emerge as a tightrope walk for Sikh families, highlighting the broader human effort to harmonize cultural heritage with evolving societal norms.

Introduction:

Sikh families have special traditions that make their culture unique and shape how they live together. From when someone is born to getting married and sharing belongings, these traditions show how deeply connected Sikhs are to their history. This article explores how Sikhs balance their special customs with the rules about families made by the government.

Sikhism started in India around 500 years ago. It believes in fairness and treating everyone equally, not just in religious places but also in how people live every day. Family stuff like weddings and deciding who gets what when someone passes away follows special customs passed down in families for a long time. Now, Sikhs live in many different places around the world. But each country has its own rules about families. This creates a challenge for Sikhs because they want to keep their traditions but also follow the laws of the country where they live in. It’s like trying to dance between two different tunes.

In this article, we’ll look closely at specific parts of Sikh family life, like the special wedding ceremony called Anand Karaj, dealing with divorces, and deciding who gets what after someone passes away. Understanding this balancing act is important to know how it affects the unity of their community, their identity, and how Sikh traditions change in today’s world. It’s crucial to remember how important it is to keep their cultural traditions alive while also making sure things are fair and just for everyone. Balancing the old ways with the new rules is like walking a tightrope for Sikh families. By looking closely at these challenges, we can learn a lot about how Sikhs succeed and face difficulties as they try to keep their old customs in the new world of family rules.

Law and Tradition: 

In the dynamics of communal living, two important things are Rules (Law) and the way they’ve always done things (Tradition). Rules, made by important figures, help groups work well by ensuring fairness and good behaviour. On the other side, tradition includes daily habits and shared memories shaping a community’s culture. Sometimes, rules and traditions may not agree, causing conflicts. It’s crucial to find the right balance to keep order while respecting old traditions, which act as a steady force connecting people and preserving important values. In our changing world, some traditions might need adjustments. Laws, made to adapt, must carefully balance progress and tradition to keep communities strong. 

The Sikh tradition, started by Guru Nanak, shows how modern laws and religious practices can work together. The religious law, called “Rehat Maryada,” guides Sikhs in daily life, aligning with their beliefs and indirectly influencing legislative law. Balancing old traditions with new ways is crucial for Sikhs to keep their culture alive and evolving, reflecting the broader human effort to balance tradition and progress.

Legal Frameworks Governing Sikh Personal Matters:

In India, there are different rules for personal matters based on religion. The laws for Hindus and Muslims are especially important. While Hindu laws have changed over time, Muslim laws have not seen many changes. The legal system in India mostly follows common laws, and the government has made specific family laws for different religious communities.

For people following Hinduism, Sikhism, Jainism, and Buddhism, the Hindu Marriage Act of 1955 is crucial. It helps regulate and legally recognize marriages within these communities. The law applies to those who are Hindu, Buddhist, Jaina, or Sikh, excluding Muslims, Christians, Parsis, or Jews. This Act includes rules for a valid marriage, procedures for registration, and reasons for divorce. Sikhs are acknowledged in this law, respecting their customs within the broader Hindu context.

In terms of inheriting property, the Hindu Succession Act of 1956 is significant. Sikhs, along with Hindus, Jains, and Buddhists, are covered by this law. The 2005 amendment to this Act is especially important as it ensures that daughters have equal rights to ancestral property, aligning with Sikh principles of equality and justice. This change is a step forward for gender equality within these communities. The Hindu Minority and Guardianship Act of 1956 address issues related to guardianship of minors within Hindu, Sikh, Jain, and Buddhist communities. It gives priority to the welfare of the child, recognizing Sikhs within the broader Hindu legal framework. The law outlines the rights and responsibilities of guardians, putting emphasis on the well-being of the child. 

The Hindu Adoptions and Maintenance Act of 1956 regulates adoptions and financial support matters for Hindus, Sikhs, Jains, and Buddhists. It respects the diversity of customs within the Sikh community, ensuring adherence to cultural and religious practices. The Act provides a legal framework for adoption procedures and financial support within families. For issues relating to guardianship for non-Hindus, the Guardian and Wards Act of 1890 is applicable. Additionally, Section 125 of the Code of Criminal Procedure 1973 allows individuals, no matter their religion, to seek maintenance through a Magistrate.

The Anand Marriage Act of 1909 is specific to Sikh marriages conducted through the Anand Karaj ceremony. This law officially recognizes and registers Sikh marriages, providing legal validation to these unions. In 2012, amendments streamlined the registration process, making it easier for Sikhs to register their marriages and receive associated legal benefits.

Apart from personal family laws, both Hindus and non-Hindus have an independent right to maintenance under the general law of the land. The Special Marriage Act of 1954 provides a special form of marriage and registration for Hindus, non-Hindus, and foreigners marrying in India who opt out of ceremonial marriage under their respective personal laws. Registration is compulsory under this law, and divorce can be obtained by non-Hindus. Now, let’s explore the customary practices in Sikh family matters.

Sikh Customary Practices: 

In Sikh families, traditions and values play a big role in how they live together. Parents are seen as the leaders of the family, and the mom often takes care of the home. This way of organizing the family comes from respecting the wisdom that comes with age. Children are not only taught to do their duties but also to show a lot of respect and thankfulness to their parents.

When it comes to marriage, Sikh families follow the Sikh Marriage Act, which supports the idea that daughters should be well-educated and able to support themselves before getting married. This focuses on their personal growth and maturity. Food choices are important too, especially for Amritdhari Sikhs and Sahajdhari Sikhs who usually avoid eating meat that’s ritually slaughtered and often choose a vegetarian diet. This choice fits with Sikh beliefs about being kind and non-violent.

Avoiding alcohol and gambling is a big deal for Amritdhari Sikhs and Sahajdhari Sikhs. It shows their commitment to keeping a clear mind, being disciplined, and staying away from harmful habits. In arranging marriages, Sikh families care more about being ethical and finding compatibility than making money. They also take part in the special tradition of Akhand Path, where they read the Guru Granth Sahib continuously. This not only brings spiritual unity but also involves family members taking turns reading, creating a shared spiritual experience.

Education and being financially independent, especially for daughters, are highly valued in Sikh families. This focus on education and self-sufficiency shows their commitment to treating men and women equally and empowering women. Keeping the Sikh identity in the family means following the Five Ks, which are visible symbols of Sikh identity and a strong commitment to Sikh principles.

A central part of Sikh family customs is the idea of selfless service (seva). Families actively help each other and meet each other’s needs, promoting values like kindness, humility, and working together. Through these meaningful traditions, Sikh families aim to create a peaceful and loving home, grounded in respect and a shared dedication to Sikh values within the family.

Challenges in Balancing Tradition and Law:

In the challenge of balancing tradition and law, the Sikh religion, known for promoting equality between men and women, faces a unique situation. The need arises for personal laws in line with Sikh principles, forming a foundation for future universal laws. However, under the Indian Constitution’s Article 25(1), granting religious freedom, the Sikh community lacks the privilege of separate personal laws. As a result, Hindu Acts govern Sikh lives, implying they have no distinct legal status and are considered Hindus.

Family matters, treated as private affairs, are regulated by personal laws, impacting individual freedoms, particularly those of women. Across communities, these laws often create unequal relationships between men and women. The clash arises because Sikh principles, rooted in modern ideals of human rights and rationality, diverge from ancient Hindu laws. The challenge lies in aligning legal frameworks with Sikh values to ensure fairness and equality.

Marriage: 

Sikh marriages are encountering hurdles due to the Hindu Marriage Act (HMA), which, despite its name, has departed from traditional Hindu principles. Influenced by English Matrimonial Law, the HMA introduced new concepts like nullity, divorce, and judicial separation, contradicting the ancient Hindu norms that viewed marriage as a sacred bond.

The impact of the HMA on Sikh marriages is substantial. It fails to align with Sikh principles promoting equality, as it doesn’t recognize Sikh personal laws. Instead, Sikhs are governed by Hindu Acts, eroding their unique identity. This clash arises because Hindu laws, rigid and aged, conflict with Sikh beliefs grounded in modern ideals of human rights. The Special Marriage Act, 1954, is more inclusive, applicable to all Indians, including Sikhs, sharing similarities with the HMA. The HMA, seen as a copy of English law, raises questions about its relevance and the necessity of a separate Act for Sikhs.

Being governed under the Hindu Marriage Act is a major issue, but there are some minor problems that disturb the balance between tradition and law. Recommendations for Balancing Tradition and Law in Sikh Marriages: 

Strictly forbid dowry under the Sikh Marriage Act. Redefine dowry to include gifts, checking their quality and quantity. Dowry has long been an issue in Indian marriages, causing financial burdens and exploitation. Prohibiting dowry under the Sikh Marriage Act aligns with Sikh principles, promoting healthier and more respectful unions.

Introduce a clause banning excessive spending on weddings. Ostentatious displays should face strict punishment to align with Sikh values. Lavish spending can lead to financial strain and contradict Sikh values of humility and modesty. Banning excessive expenditure promotes simplicity.

Disregard caste in the Sikh Marriage Act, allowing any two Sikhs to marry without considering caste. Sikhism rejects the caste system, emphasizing equality. Disregarding caste ensures marriages are based on shared values, promoting inclusivity.

Raise the age of marriage under the Sikh Marriage Act. Encourage Sikh girls to pursue education and economic independence before marriage. Suggested ages could be 21 for girls and 24 for boys. Raising the age aligns with modern values, ensuring individuals enter marriage with a better understanding of their aspirations and responsibilities.

Divorce: 

In Sikhism, divorce is a challenging issue because Sikh beliefs reject the concept of divorce. The clash between traditional Sikh values and modern law, such as the Hindu Marriage Act (HMA), which allows divorce, creates problems. While divorce is a part of life for some, Sikhism sees it as a severe matter, comparable to a heinous crime. The situations leading to divorce can turn one’s life into a living hell, causing mental torture and depression.

Divorce, though not punishable by law, brings about indescribable situations. For Sikhs, the HMA serves as a broad legal framework, and obtaining a divorce is as simple as getting married under the Special Marriage Act, without any religious ceremony like Anand Karaj. However, it’s not just about obtaining a divorce; it’s also about acceptance from society and religion. It can create a sense of disobedience to religious customs. Recommendations for Balancing Tradition and Law in Sikh Marriages: 

Laws for divorce should be introduced specifically for Sikhs. However, this doesn’t imply promoting divorce. The key idea is that the law should simplify the process for a man and woman to separate if reconciliation seems unlikely. 

Laws for divorce should not be harsher for any party involved, and they should be framed to avoid harassing any of the concerned parties. Fairness and sensitivity in divorce laws can contribute to a more equitable and just process. 

Besides the current reasons for divorce outlined in Hindu Law, another reason should be considered: mutual incompatibility. Currently, legal battles can stretch for years, with one side attempting to prove issues like desertion, cruelty, adultery, and bigamy as grounds for divorce, while the other side tries to disprove these claims. Without the addition of mutual incompatibility, parties might resort to false accusations when the real problem is that they simply cannot get along with each other. Introducing this clause acknowledges that not all marital issues fit traditional categories and aims to make the legal process more straightforward by recognizing that some couples face challenges in their relationship that don’t neatly fit into existing legal categories.

Succession: 

The Hindu Succession Act replaced the old Hindu inheritance laws to make sure women have equal rights to ancestral property. Even though Sikhism supports gender equality, people worry that this Act is causing problems in rural areas by dividing up properties. Some suggest making changes to the Act to fix these issues without focusing only on Sikh beliefs.

One concern is that the Act doesn’t have a title that clearly shows it’s related to Hindu traditions. This raises questions about whether it fits well with Hindu customs. Despite being Sikhs with their own identity, they still follow this Act, which restricts women’s rights to ancestral property. This restriction leads to problems like dowry, where parents feel pressured to provide for their daughters during weddings.

To address this, there’s a proposal for a Sikh Succession Act. This new law would ensure women have equal inheritance rights right from birth, reducing the need for dowries. It also aims to make wills that unfairly leave out daughters invalid. The proposal suggests joint ownership of matrimonial property, recognizing a woman’s contributions during marriage and helping to reduce economic differences.

Another suggestion is to introduce a Sikh Women’s Right to Matrimonial Property Act. This would guarantee joint ownership and control of assets acquired during marriage. To safeguard women’s interests, especially in agricultural land, there are ideas to prevent their share from being taken by the state.

Considering the difficulties women face during marriage troubles, there’s a proposal for a Sikh Woman Right to Residence Act. This would give wives the right to stay in shared homes and offer legal help for deserted married daughters.

Guardianship: 

The Hindu Minority and Guardianship Act of 1956 says that, by default, the dad is the main guardian of a young child. This is based on older beliefs favouring males in family practices. According to this law, a child can stay with the mom until they’re five, and then the dad can claim custody. Critics say this is unfair to moms and limits their role in raising their children.

To fix this, there’s a suggestion for a new law called the Sikh Minority and Guardianship Act. This law would give joint guardianship to both parents, challenging the current preference for dads. This idea follows global standards, like the United Nations saying kids should stay with their moms, especially when they’re young. The Sikh Minority and Guardianship Act would let a child stay with their mom until they’re 14 or older. This way, the child can have a say in choosing their guardian if they’re mature enough to make that decision.

When picking a guardian, the suggestion is to look beyond just gender. Consider the person’s past behaviour with the child and their ability to care for them. The main focus in making this law is the well-being and welfare of the child.

Although the Hindu Minority and Guardianship Act of 1956 is for Hindus, it’s important to know about other laws. The Indian Majority Act of 1875 and the Guardians and Wards Act of 1890 apply to everyone in India, no matter their religion. The Act of 1956 adds to the Act of 1890 and also includes customary law about guardianship. Looking back in time, Hindu religious texts didn’t say much about guardianship. The laws we have today were influenced by English authors, and later, courts decided only the mom and dad could be natural guardians. They also brought in the idea of testamentary guardianship from English law. This history shows that these laws aren’t only based on Hindu religious texts. As a suggestion for the future, there’s an idea to remove the term ‘Hindu’ from the title of the Hindu Minority and Guardianship Act to make it seem more inclusive.

Adoption and Maintenance:

The law about maintenance for wives in cases of separation needs an update. The current limit of Rs. 500 as the maximum maintenance amount is outdated and doesn’t cover today’s basic financial needs. When deciding on the maintenance amount, we should consider the husband’s future earning potential, like salary increases and provident fund. We also need to look at the couple’s standard of living during their marriage and the husband’s overall assets, not just monthly income, as people might have undisclosed income.

For salaried husbands, the law should allow courts to deduct maintenance from their salary. Different criteria should be established for husbands with private jobs or daily wages, as well as for educated and employed women. Maintenance should cover not only food, shelter, and clothing but also essential needs like medical treatment for the wife and children and recreational needs for the child based on the father’s living standards. The current provision for child maintenance only goes up to the age of 18, which can hinder their education, especially for professional studies. The Sikh Adoption and Maintenance Act should extend this age limit appropriately.

In many cases, husbands claim they don’t earn and can’t support their family. The burden of proving the husband’s income should be on the husband himself, as wives often don’t have access to their husband’s financial details. Maintenance should also be made retrospective, starting from the time the husband refused to pay.

The process of determining and getting maintenance should be completed within six months to reduce mental, physical, and financial strain, especially for women who are often uneducated and unemployed. Sometimes, it’s challenging to enforce maintenance orders, with husbands stopping payments after the initial ones.

Switching to adoption, the Hindu Adoption and Maintenance Act of 1956 changed classical adoption laws. Now, adoption is a secular act that allows married and single males and females to adopt a minor son and/or daughter. The Act has transformed traditional Hindu Law significantly. Adoption is recognized worldwide as a secular institution, used for the welfare of orphans. Sikhs have been practicing adoption as a secular act, and it aligns with Sikh principles of equality between males and females. The Act doesn’t oppose Sikhism’s principles, making it suitable for Sikhs.

Conclusion: 

In conclusion, Sikh families face a delicate balancing act between their rich traditions and the legal frameworks governing family matters. Rooted in Sikhism’s emphasis on equality and fairness, customs like the Anand Karaj wedding ceremony and the promotion of education for all genders reflect the community’s values. However, challenges arise as Sikhs, dispersed globally, grapple with varying family laws, especially in India where Hindu legal frameworks govern them.

The Hindu Marriage Act and Succession Act, while significant legal structures, often conflict with Sikh principles. The clash between ancient Hindu laws and modern Sikh ideals poses a challenge, particularly in areas like marriage, divorce, succession, and guardianship. To address these issues, there is a pressing need for nuanced legal amendments that align with Sikh values while ensuring fairness and equality in a changing world.

Sikh families actively promote values such as education, gender equality, and selfless service (seva). The struggle to balance these cherished traditions with evolving legal landscapes highlights the broader human endeavour to harmonize cultural heritage with contemporary societal norms.

References:

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
• The article was originally written by Manjit Singh Gill, and the link to the same is herein: https://link.springer.com/referenceworkentry/10.1007/978-94-024-0846-1_431 
• The article was originally written by Surendra Karr, and the link to the same is herein: https://opensiuc.lib.siu.edu/cgi/viewcontent.cgi?article=3386&context=ocj 
• The article was originally written by Harbinder Pal Singh, and the link to the same is herein: https://www.sikhinstitute.org/sikh_p_l/ch_3.htm#:~:text=Other%20sources%20of%20Sikh%20Personal,or%20concordance%20of%20Sikh%20sangat 
• The article was originally written by Ram Kinkar Singh, and the link to the same is herein: https://www.indiatoday.in/india/story/uniform-civil-code-ucc-sikhs-concerns-shiromani-akali-dal-writes-to-law-commission-2401892-2023-07-04.