This article has been written by MS. Neha Udayan a 3rd year student of Lloyd Law College(LSL). Greater Noida
Introduction
The Sikhs, with their diverse cultural and religious heritage, are guided by a compilation of fundamental rights and obligations laid down in scripture and cultural customs. The Sikh personal laws have been incorporated into the legal framework of many Sovereign states, including India, where a significant Sikh population resides. There is no separate legislation for Sikhs, but their rights and obligations have been woven into the Indian legal system meticulously. One area that unabashedly dominated these laws and has always sparked interest is the rights of elderly family members.
This article analyses Sikh Personal laws and the rights of the elderly family members implanted in the Sikh society’s ethical and moral fabric, reflecting broader India.
Sikh personal laws are derived from a combination of religious scriptures, customary practices, and legislative enactments. The Sikh Rehat Maryada, a code of conduct for Sikhs, provides guidelines for personal and family matters under Sikh principles. It addresses various aspects of individual rights, including marriage, inheritance, and the treatment of elderly members within the community. Additionally, the Anand Marriage Act, of 1909 recognizes the validity of Sikh marriages, further highlighting the legal significance of Sikh personal laws in governing familial and personal affairs. In Sikh personal laws, marriage is considered a sacred union, and specific provisions ensure the protection of individuals’ rights within marital relationships. The concept of Anand Karaj, the Sikh marriage ceremony, emphasizes the equality and dignity of both partners, and it is essential to recognize the legal and cultural significance of this ceremony within the Sikh community. Moreover, Sikh personal laws provide guidelines for inheritance, ensuring that elderly individuals are treated fairly in matters of property and assets within the family structure.
Traditionally, the Sikh community holds great reverence for its elderly members, recognizing their wisdom, experience, and invaluable contributions to the family and society. Customary practices such as seeking blessings from elders, addressing them with respect and care, and ensuring their well-being are deeply ingrained in Sikh culture. The principle of “Sarbat da Bhala,” meaning welfare for all, underscores the responsibility to uphold the rights and dignity of elderly individuals within the Sikh community. These traditional customs, rooted in Sikh values, play a crucial role in safeguarding the rights of the elderly.
In contemporary legal frameworks, there are specific provisions that aim to protect the rights of elderly individuals within the Sikh community. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, recognizes the entitlement of senior citizens to maintenance and support from their children or relatives, emphasizing the duty to provide for the well-being of elderly parents. This legislative enactment aligns with the principles of filial piety and respect for elders inherent in Sikh personal laws and traditional customs. Elderly rights, according to Sikh Personal law, are derived from a variety of sources, including constitutional provisions, criminal law, civil law, and human rights law. Most significantly, the special provision for the maintenance of elderly parents finds its expression in Section 125 of the Criminal Procedure Code (CrPC), 1973. This applies to all Indians regardless of their religious beliefs, and as such includes Sikhs. This provision mandates that individuals who cannot sustain themselves, such as aged parents, can claim maintenance from their children who can provide it. Elderly rights constitute an invaluable part of Sikh personal law due to the profound respect and value attributed to the elderly in Sikhism. Sikhism’s teachings emphasize respect and care for the elderly and ensure their rights are never infringed upon. The Guru Granth Sahib, the central religious scripture of Sikhism, applauds and appreciates respect for the elderly while reminding the younger generations about their obligations towards them. The Hindu Succession Act, of 1956, governs the Sikhs’ rights of inheritance. Despite the absence of unique Sikh legislation on the issue, the Act provides a series of regulations and provisions aimed specifically at securing the rights of the elderly, particularly elderly women. The elderly are entitled to an equal share of their family’s inherited property, with women having the same rights as men. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, also offers legal protection for the elderly’s rights. It ensures maintenance, protection, and welfare for older parents and senior citizens while providing them with a simple and quick procedure for claiming maintenance. The right to a healthy life is another significant aspect of elderly rights under Sikh personal law. Sikhs believe in ‘Sarbat da Bhala,’ which means ‘welfare of all.’ These principles advocate every person’s right to a healthy life and become more critical when dealing with elderly members who may have deteriorating health conditions. The National Policy on Older Persons, formulated in India in 1999, emphasizes that elderly people are entitled to enjoy their health rights, including access to comprehensive healthcare services and preventive measures.
The Sikh personal laws and customs heavily advocate for the elderly’s rights, embedded in their social fabric. Noteworthy is the incorporation of the concept of joint family and the obligation of the family towards the elderly. In Sikh households, the role of the elderly is not merely ceremonial. Still, it involves day-to-day decision-making, offering an opportunity for their wealth of experience to contribute significantly to the familial structure. Sikh society is traditionally organized around joint families, where the elders’ rights and interests are protected by the younger generation, who have a religious and moral duty to take care of them. However, the advent of the nuclear family system raises concerns about the effective implementation of elderly rights, as the infrastructure to protect these rights seems to be crumbling. The importance of elder rights and the need to uphold them has become significantly crucial today, and it is a beacon that Sikh personal law continues to uphold in this rapidly changing society.
Despite the existence of legal provisions and cultural values that prioritize the rights of elderly Sikhs, there are challenges and contemporary issues that impact the well-being of elderly individuals within the community. Social and economic factors, including isolation, financial dependence, and lack of access to healthcare and support services, can contribute to the vulnerability of elderly Sikhs. Moreover, changing family dynamics, migration, and acculturation processes can influence the traditional structure of familial care for the elderly, posing challenges to the preservation of their rights and dignity.
To address the challenges and contemporary issues facing elderly Sikhs, promoting awareness and advocacy are essential components of safeguarding their rights. Community organizations, religious institutions, and legal authorities can play a significant role in educating and empowering elderly individuals about their rights, including access to healthcare, social support, and legal protections. Additionally, intergenerational dialogues and initiatives that foster mutual respect and understanding between younger and older generations are crucial in upholding the values of Sikh personal laws and traditional customs that honor the rights of the elderly.
Conclusion
Sikh personal laws and the rights of elderly people are integral aspects of preserving the dignity, respect, and well-being of individuals within the Sikh community. Through a combination of legal provisions, traditional customs, and contemporary advocacy efforts, it is possible to uphold the rights of elderly Sikhs, ensuring that they receive the care, support, and respect they deserve. By understanding and embracing the principles of equality, compassion, and filial duty inherent in Sikh personal laws, society can work towards creating a nurturing and inclusive environment that protects the rights of elderly individuals, reflecting the values of the Sikh faith. In conclusion, Sikh personal laws provide a comprehensive framework for safeguarding and ensuring the rights of the elder members of the family. The laws, which are a reflection of the profound respect and recognition that Sikh philosophy and tradition attribute to the elderly, are embodied in social, religious, and moral norms. They bolster the required respect, care, and protection for the elderly in Sikh families. As we move ahead in these changing times, these revered principles and values must continue to guide our outlook toward the elderly in society.
References
1 Sikh Institute.org .link
2 Anand Marriage Act 1909, Indiacode.nic.in .link
3 CrPC 1973, Indiakanoon.org .link
4 Hindu Succession Act 1956, Indiakanoon.org .linkhttps://indiankanoon.org/doc/685111/
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