Identity crisis prompts demand for Sikh law

Much significance is also being attached to the timing of the demand. On the one hand, it comes immediately after the efforts of the BJP to `saffronise’ education. On the other hand, it is being seen in the context of the tricentenary celebrations of the birth of the Khalsa in April next.

Observers feel that by raising the demand, Tohra has taken the first step of providing ideological input to these celebrations and setting the political agenda for the grand event. The celebrations are being organised both by the Punjab Government and the SGPC.

Thedebate on the issue was initiated last year at a seminar organised by the Institute for Sikh Studies. The resolution passed at the seminar, inter alia, states, “In India different communities, viz. Hindus, Muslims, Christians, Sikhs, Jains, Buddhists and Parsis have their respective modes of social intercourse and specific norms, practices and usage governing them. But with the application of Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Adoption and Maintenance Act 1956 and the Hindu Minority and Guardianship Act 1956 to the Sikhs, Jains and Buddhists, these people are declared/ deemed Hindus, and are subjected to the Hindu Code .. which are irrelevant to the Sikhs..”.

It was resolved to set up a five-member committee headed by Justice Kuldip Singh, retired judge of the Supreme Court, to prepare a draft of the Sikh Personal Law. The recommendations are still awaited. The issue has now assumed importance with the SGPC chief focusing attention on it. The point being hammered is the separateidentity of the Sikhs and hence objections to Explanation II of Article 25 relating to freedom of conscience and free profession, practices and propagation of religion. According to Explanation II, the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion and the reference to Hindu religious institutions shall be construed accordingly.