This article has been written by Janvi , a 1st year student of Symbiosis Law School , NOIDA. 

 

ABSTRACT:

 The article delves into the definition of illegitimate children within Sikh jurisprudence and explores the rights and status accorded to them in matters such as inheritance, succession, and parental recognition . Additionally, it explores the potential impact of broader legal frameworks, such as national family laws, on Sikh personal laws and their treatment of illegitimate children. In conclusion, the article offers insights into the dynamic interplay between Sikh personal laws and the evolving legal landscape concerning illegitimate children. It aims to contribute to a nuanced understanding of how Sikh jurisprudence navigates the intersection of tradition, religion, and contemporary legal norms in the context of family matters involving illegitimate offspring.

 

INTRODUCTION

the treatment of illegitimate children stands as a focal point, reflecting the evolving dynamics between tradition and contemporary legal frameworks. Rooted in the rich cultural and religious heritage of Sikhism, these laws have been shaped by historical scriptures, community practices, and a continuous dialogue with societal norms.The evolution of Sikh personal laws is intrinsically tied to the teachings of Sikh Gurus and the Guru Granth Sahib. The definition of legitimacy and the rights afforded to illegitimate children are subject to scrutiny within the context of familial relations, inheritance, and recognition of parentage. Moreover, as broader legal frameworks undergo transformations globally, the article explores the extent to which Sikh personal laws have responded to, or resisted.The article aims to unravel the complexities surrounding the treatment of illegitimate children within Sikh personal laws, shedding light on the legal, religious, and societal factors that contribute to the dynamic nature of these regulations.

 

Who are ‘ Sikhs’?

Sikhs , one of the different communities accommodating in India . They are a separate community , though they are many a times considered a part of Hindus , as they originated from Hinduism. The main difference between Sikhs and Hindus is that the former is monotheistic whereas latter one is polytheistic.

 

PERSONAL LAWS: 

There is no such personal law for Sikhs . The Hindu Code applies upon Sikhs for governance of their personal ties. Personal laws actually mean those laws that govern personal relationships like divorce , marriage , succession , adoption etc.

 

GURU GRANTH SAHIB: 

Guru grant sahib is considered as the principle source of sanctity for Sikhs . It provides the rules for guidance so that Sikh community is guided to the right path of action . It provides sanctity to the institutions of Sikhs. Other sources of guidance are Guru Maryada , Guru Matta , Rahit maryada. 

 

RULES OF CONDUCT: 

 It is believed that everything that happens is the will of God – Hukam . They believe that our actions decide whether our soul will get free from this cycle of Karma. If one gets freedom from this cycle , he is said to have attained mukti.  There are specific rules of conduct that are expected to be followed by Sikhs.  Some of them are: 

1. Worship and pray to one god 
2. Live  a truthful life.
3. Treat everyone equally with no distinctions.
4. Living a simple life.
5. To always have faith in Guru Granth Sahib

There is no separate personal law for Sikhs . Though , there have been many demands presented by the Sikhs for the same . There has been constant resentment shown by the Sikhs for not allowing to have a separate personal law and being subjected to the term ‘Hindu’.

 

SIKH PERSONAL LAWS: 

The first commandment of guru is considered to be monotheism . It believes in complete and fully monotheism in one God. The second commandment of guru is total equality of the human beings. No discrimination on the basis of caste is expected by the Sikhs. Similarly , the third commandment is about the equality of sexes. There should be equality among men and women. They believed in bringing women at par with men . The fourth commandment is to wear turban and maintaining unshorn hair. It is expected that they should keep short trousers ( kachch) , kirpan ( sword) , kangha ( comb) etc.  Fifth commandment is regarding consumption and use of prohibitory drugs like drugs , tobacco , halaal meat , intoxicants etc.  

 

SIKH PERSONAL LAW CODIFICATION:

Sikh Scripture is said to be the most reliable source of Sikh personal law . Due to the resentments, attempts have been made many times to codify the personal laws . The Anand Marriage Act , 1909 and the Gurudwaras Act has been the result of many successful attempts of codification of Sikh laws . The personal laws work in a harmonious aspect for various communities like Hindus, Sikhs , Jains , Buddhists Examples of the same are Anand Marriage Act  of 1909, and the Gurudwaras Act of 1925. The neutralised term ‘Hindu’ used to address the Sikhs has not been readily accepted by the Sikhs . There is no hope as such about their personal laws getting codified in the near future.The laws binding upon the Sikhs are :

1. The Hindu Marriage Act , 1955
2. The Hindu Succession Act, 1956
3. The Hindu Adoption and Maintenance Act, 1956
4. The Hindu Minority and Guardianship Act, 1956 

 

MARRIAGE: 

Sikh weddings performed via Anand Karaj are recognized under the Anand Marriage (Sikh marriage) Act of 1909.In the Sikh community, it is very important. It is the sole piece of legislation that distinctly controls Sikh weddings.It was passed in 1909, during the British era. It guarantees that Sikh weddings have the proper legal legitimacy. Everyone covered by the Hindu Marriage Act of 1955 was referred to as “Hindu.” Many Sikhs were resentful as a result of this. Not alone were Sikhs referred to as “Hindus,” but also Buddhists and Jains .Additionally, this goes against the preamble’s tenet of secularism. Following that, Sikh weddings were recognized by the Anand Marriage Act, which recognized their Anand Karaj ritual as a means of matrimony. The precise translation of Anand Karaj is “blissful union.” Following the Anand Karaj ritual, the bride and groom are prepared to exchange vows, or lavaas. Thanks to this statute, Sikhs can now register their weddings.

 

SUCCESSION:

The Hindu Succession Act, 1956, governs the Sikhs in terms of succession. There are two ways that the succession might occur: testamentarily or intestate. In a testamentary succession, the property owner has previously made a will; in an intestate succession, the property owner passes away without leaving a will. There are specific succession rules in the situation. Women and intestate succession are not the same.

DIVORCE:

Sikhs still view divorce as forbidden and handle it with hostility. The Hindu Marriage Act of 1955 is the sole law that governs divorce among Sikhs. The following situations may give rise to a divorce: 

1. Adultery
2. Cruelty
3. Abandonment
4. Changing one’s religious beliefs
5. Virulent illness
6. Mental illness 
7. Being ignored for a number of years, etc.

Other choices include an irretrievable breakup of the marriage, separation by consent, etc.

 

ILLEGITIMATE CHILDREN UNDER HINDU LAW: 

Sikhs are governed by the same common law applicable for ‘ Hindus” .

Valid Marriage under Hindu law : 

As per the Hindu Marriage Act, 1955 ; marriage is considered void , if:

1.If the marriage is bigamous 

2. If the marriage is between the sapindas of each other 
3. If the marriage is between the prohibited relationships of each other.

These type of marriages are considered as void marriages and their effect is null and void i.e. it will be considered as something that never came into existence . 

Voidable marriage under Hindu Law: 

1. If the consent for marriage was taken through force or fraud.
2. If one of the person out of the marriage was insane .
3. If one of the person out of the marriage was impotent.

4.If the wife was pregnant by another man at the time of marriage .

As per , section 7 and 5 of Hindu Marriage Act ,1955  the marriages are termed as void or voidable . Now, the option is with the parties to get a decree of annulment( in case of void marriages) from the court regarding the status of the marriage. The legitimacy of children remains till the court has granted decree of annulment.

The terms to be fulfilled to term the marriage as voidable is given under section 12 of Hindu Marriage Act , 1955 and if the marriage is annulled under any of the grounds of section 12, then the children born out of the marriage will be termed as illegitimate children . Also , the children born out of void marriages are also called as illegitimate children. 

To sum up , those children who are born out of: 

1. illicit relationships 
2. void marriages
3. annulled/ voidable marriages 

4.marriage in which proper ceremonies were not performed 

5. concubinage

RIGHTS WITH ILLEGITIMATE CHILDREN:

Maintenance: 

In the present scenario , the parents i.e both mother and father have the responsibility to take care of their minor illegitimate children . The minor child can be either son or daughter and not only son . Also , the parents are not liable to take the responsibility after they have attained majority . As per the law , if the child has changed the religion i.e he is no longer a Hindu , he cannot claim maintenance under the Hindu law . Though , he can claim maintenance under Code of Criminal procedure. 

Inheritance:

Under the Hindu Succession Act , 1956 , an illegitimate child cannot inherit the property of his father as he is not his legitimate kin . 

Guardianship:

As per the law , the mother is the natural guardian of the children . So firstly , mother will be the guardian of the illegitimate boy and illegitimate unmarried girl . After the mother , or in the absence of the mother , the father is considered to be the guardian of the illegitimate children . In case of married illegitimate child , the husband is the guardian. But , it no where declared that this guardianship remains the same even if the guardian has given up Hinduism or converted his/her religion.

 

CONCLUSION:

The journey through the historical evolution of Sikh personal laws, deeply rooted in the teachings of the Gurus and the Guru Granth Sahib, has highlighted the community’s commitment to preserving timeless values while navigating the complexities of a changing world. This article tries to delve into the concepts behind terming children as legitimate or illegitimate . It discusses the jurisprudence behind sikh personallaws , their rules , conduct and their personal laws governing relationship matters like divorce , adoption , succession etc. 

REFERENCES :

1. 1. This article has been written by This article was originally written by Indira Basu published on the quint website. The link for the same is herein. Need for Anand Marriage Act for Sikhs & Why It’s in the News Again (thequint.com)
2. This article was originally written by Har Iqbal Singh Sara and published on Institute of Sikh studies website. The link for the same is herein Institute of Sikh Studies, Chandigarh (sikhinstitute.org)
3. This article was originally written by Oishika Banerji published on ipleaders website. The link for the same is herein
4. This article was originally written by Piyush published on Adda 247 wesbsite. The link for the same is herein Anand Marriage (Sikh Marriage) Act in India (adda247.com). 

5. This article was originally written by Kunjal Arora published on Lawoctopus website .         The link for the same is herein. Illegitimacy under Hindu Law – Academike (lawctopus.com)
6. This article was originally written by Nimisha Srivastava published on ipleaders website .    .The link for the same is herein. What Are The Rights of Illegitimate Children Under Hindu Law – iPleaders
7. . This article was originally written by Harbinder Pal Singh published on Sikh India Institute website.The link for the same is herein. Institute of Sikh Studies, Chandigarh (sikhinstitute.org)