This article has been written by Ms. Sonali Das, a 3rd -year student of  Army Institute of Law Mohali.

Abstract 

India is a vastly diverse country with several belief systems. The legal system of the nation is founded on common law principles. It is worth mentioning that the Indian Parliament has approved many family law provisions that apply to certain religious communities stated in the legislation. Personal laws governing Hindus and Muslims are a vital aspect of the Indian legal system and have existed since ancient times. Hindu personal law, for example, comprises not just Hindus but also Buddhists, Jains, and Sikhs. This statute has undergone multiple amendments throughout time as a result of a continuing codification process. The legislation has grown in parallel with societal developments, adjusting to contemporary socioeconomic conditions and addressing significant concerns through progressive and inventive techniques, drawing influence from laws established in other countries. The Article intends to look into the current legal situation of the Sikh community in India. A critical assessment of the opposing ideas and practices of Sikhism and Hinduism will also be given. The analysis will specifically address the Anand Marriage Act, which honors traditional Sikh wedding practices. 

Introduction

Personal law 

The phrase “Personal Law” appears to simply include laws about personal affairs, although this is not correct. It does encompass some personal ties, but it does not cover all aspects of personal obligations, such as private agreements and transfers. Furthermore, public, religious, and charitable endowments and wakfs, which are not essentially personal, are covered under Hindu and Muslim personal laws. As a result, the phrase is not suitable or exact.

Who are Sikhs? 

The term Sikh is derived from the Sanskrit phrase Shishya, which means disciple or student. This dynamic religion was founded by Guru Nanak and was subsequently molded by the subsequent Gurus who embodied the same divine nature. It ultimately achieved its pinnacle with the founding of Khalsa under the supervision of the tenth Guru, Guru Gobind Singh.

Sikhism is the world’s fifth-largest religion, with origins dating back more than 500 years in Punjab, North India, to Guru Nanak Dev Ji, who got a profound spiritual insight. This marks the commencement of the Sikh faith, which is one of the world’s youngest. Nanak and his nine successors, known as ‘gurus,’ were spiritual leaders and instructors to his followers. Their primary doctrines highlighted the need to always remember God, focusing on His name and qualities, and acknowledging His Power in all parts of everyday life. As a result, Nanak’s disciples were known as Sikhs, which means ‘disciples’ in Sanskrit. The “Guru Granth Sahib,” the Holy Book of Sikhism, is the ultimate spiritual authority for its adherents. It is a compilation of lessons and devotional works produced and gathered by the gurus.

Sikh Personal Marriage Laws : 

• The Anand Marriage Act, also known as the Sikh Marriage Act

The Anand Marriage (Sikh Marriage) Act was enacted in India in 1909 to legalize and protect Sikh marriages that are solemnized via the sacred Anand Karaj process. 

Within India’s Sikh community, the Anand Marriage (Sikh Marriage) Act is held in high regard. This legislation governs the legal aspects of Sikh weddings and acts as a vital framework for the implementation of marital rites. The Act was passed to protect and legitimize Sikh weddings, allowing couples to perform traditional rituals and ensuring the legal legitimacy of their unions.

• The Anand Marriage Act’s history 

It began with the efforts of Maharaja Ripudaman Singh of Nabha, who realized the necessity for a separate marriage legislation for the Sikh community. He recruited the assistance of Chai Kahn Singh Nabha in 1908 to draft the statute, which was eventually adopted by the British Council in 1909. The Anand Act, however, was not implemented until after India gained independence. Despite major distinctions between the two, Sikh weddings are nevertheless registered under the Hindu Marriage Act. A Sikh marriage ceremony normally consists of four circuits around the Guru Granth Sahib, followed by the recitation of holy hymns, whereas a Hindu marriage ritual typically consists of seven rounds around a sacred fire, accompanied by the singing of holy hymns. 

Marriage registration for Sikhs under the New Amended Act

Following the Central Government’s change, it was left to the states to develop rules for facilitating Anand marriage registration for Sikhs. However, subsequent RTI queries have revealed that just a few states have taken action in this regard. As a result, many Sikhs are now required to register their weddings under the “Hindu Marriage Act” rather than the “Anand Marriage Act.” 

The Indian Constitution, which first declared the Anand Marriage Act of 1909 null and void, ignored the required modification made in 1950. This omission has had serious ramifications for the Sikh community since they are now considered Hindus and subject to all Hindu laws. Even though the Anand Marriage Act was passed nearly four decades before, weddings were still recorded under the Hindu Marriage Act.

• The Anand Marriage Amendment Bill 2012 was enacted by the Indian Parliament.

The Anand Marriage Amendment Bill 2012 was enacted by both chambers of the Indian Parliament in 2012. Traditional Sikh weddings were made legal by altering the Anand Marriage Act of 1909, allowing them to be recorded. Couples who married under the revised Anand Marriage Bill would not be required to register their weddings under any other legislation. 

Sikh Inheritance Personal Law 

Guru Nanak, a pioneer in advocating gender equality, was a pioneering reformer. Sikhism’s ideals promote equality and respect for both men and women. By these ideas, the Act argues for equitable treatment of men and women in succession affairs. This is consistent with Sikhism’s traditions and values. However, this may be contrary to Hindu traditions, in which women are frequently consigned to a subordinate status. 

The agricultural community has faced issues as a result of the Act’s adoption, which provides for an equitable split of inherited property among siblings. As a result, land holdings have been divided. As a result, the legislative legislatures of Punjab and Haryana unanimously voted resolutions urging Parliament to alter the Act to prohibit married daughters from inheriting their parents’ property. It would be incorrect to infer that all politicians from these states were just concerned with Sikh concerns.

The Hindu Succession Act of 1956 governs Hindus, Sikhs, Jains, and Buddhists’ non-testamentary or intestate inheritance. The property of a deceased Hindu man is distributed equally among his sons, daughters, widows, and mothers, who are called class I heirs, under this statute. This rule also applies to ancestral property, which is property inherited from a Hindu’s father, grandfather, or great-grandfather.

Should The Sikhs Be Ruled By Hindu Law?

In the Ashima v Narendra case, the Court said eloquently that Hinduism is a broad and sophisticated religious system that is difficult to characterize precisely. As it has been rightly described, Hinduism is like an encyclopedia, containing a wide range of beliefs. This indicates that regardless of one’s Hindu views if they fall under the jurisdiction of Hindu law, they will be legally acknowledged as a Hindu. Those born into Hindu, Jain, Sikh, or Buddhist households, as well as those who convert to these religions, are included.

The Court said in the case of Sastri Yagnapurushadji v Muldas Brudardas Vaishya that the Hindu faith is unlike any other religion in the world. It rejects belief in a single prophet, divinity, doctrine, intellectual notion, or collection of religious rituals. In reality, it contradicts traditional religious or creedal standards. It is best characterized as a way of life and nothing else.

The Court stated in the Bhagwan Kour v J.C. Bose and Sugan Chand v Parkash Chand instances that “in the absence of a specific custom among Sikhs, they are subject to the laws of Hinduism.”

Is India’s Uniform Civil Code (UCC) an asset or a curse? 

Part 4, Article 44 of the Indian Constitution mentions the UCC, which was formed on the premise of having a common code for all faith organizations. According to this article, the state must try to develop a consistent civil code for all of its residents across India’s whole territory.

• To genuinely build India’s unity, we must join together as a nation that accepts its different religious, cultural, and ceremonial beliefs. 
• The adoption of a unified civil code will be critical in attaining this aim, enabling more cohesion than has been witnessed since independence. 
• This one law will unify all Indians under the same set of civic ideals, regardless of caste, religion, or tribe. 
• We can drastically limit the effect of vote bank politics, which has afflicted our political landscape throughout every election, by adopting a Uniform Civil Code. 
• With a single code in place, political parties will no longer be able to cater to certain groups in return for votes, allowing for a fair and transparent electoral process. 
• One of the primary advantages of adopting a UCC is that it would effectively bridge the gaps in our present personal laws. 
• We have effectively established a parallel universe by depending on personal laws based on outmoded notions.

However, we must also recognize and solve the issues that cannot be ignored. These include: 

• With such a diverse variety of interests and emotions to consider, developing a universal set of rules to govern all communities is a daunting and time-consuming undertaking.
• Because of the issue’s complexity and sensitivity, there has been a lack of political will.
• The debate over the Uniform Civil Code is greatly impacted by the diverse personal laws of different religious communities.

Every individual has the basic right to religious freedom, as stated in the Constitution (Article 25). Furthermore, the Constitution pushes for a Uniform Civil Code for the entire nation as a Directive Principle. However, because Directive Principles are not enforceable, this suggestion has yet to be implemented. The distinguished Supreme Court emphasized in the Pannalal Bansilal v State of Andhra Pradesh decision that a rapid introduction of a Uniform Civil Code might potentially threaten the country’s unity. Instead, the court advocated for a more steady and incremental approach. In another case, Maharishi Avadesh v Union of India, the Supreme Court denied a petition seeking a writ of mandamus against the government to establish a Uniform Civil Code, putting the administration in a difficult position.

Conclusion 

The Indian subcontinent is home to a diverse range of religions, with Hindu, Muslim, Christian, and Parsi personal laws all meticulously defined. This variety, however, does not transfer into cohesive family-related laws, leaving a vacuum in the legal system. While various religious beliefs coexist, no one legal entity governs all citizens. Even though Sikhism is a different faith, the Constitution demands that Sikhs fall under Hindu Personal Law. Since India’s creation, the demand for constitutional recognition of Sikhism has gone unheeded. Despite their divergent beliefs, the Sikh community is rightly concerned about being unfairly subjected to Hindu law. This designation causes more harm than benefit and violates the secular norms of the state. Minority groups must have their distinct identities formally acknowledged and supported.

Reference 

Websites

This article was originally written by William Hewat Mcleod. The link for the same is herein: https://www.britannica.com/topic/Sikhism Accessed on 12 December 2023.

This article was originally written by Hemant More  The link for the same is herein: https://thefactfactor.com/tag/hindu/ Accessed on 12 December, 2023.

This article was originally written by Kashmir Singh The link for the same is herein:

http://sikhinstitute.org/sikh_p_l/ch_10.htm Accessed on 12 December 2023.

This article was originally written by Ashpruha Patnaik The link for the same is herein:

https://www.juscorpus.com/wp-content/uploads/2022/08/180.-Ashpruha-Patnaik.pdf Accessed on 12 December 2023.

Case Law

Ashima v Narendra AIR 6 Cal W N. 1016. 

BhagwanKour v J.C. Bose (1926) 7 Lah 275 (Udasis)

Maharishi Avadesh v Union of India (1994), SCC, Supl. (1) 713

Pannalal Bansilal v State of Andhra Pradesh (1996), AIR 1023 14

Sastri Yagnapurushadji v Muldas Brudardas Vaishya (1966), AIR 111

Sugan Chand v Parkash Chand (1967), SC 506

Reports 

Hindu Succession Act, 1956

The Anand Marriage Act, 1909