Current Events

The Tyranny of The Majority: The Anand Karaj Marriage Act

by PERNEET SINGH, ADITI TANDON, AMARJIT THIND

 

 

Sikh leaders and scholars have reacted strongly to the Indian Government's decision to drop the proposal for a Sikh Marriage Act, a major demand of the Sikhs since decades.

India's Law Minister Salman Khursheed had yesterday informed Parliament that after receiving several representations for amendment to the Anand Marriage Act, 1909, the government had decided to drop the proposal. He was answering a query by Rajya Sabha member Sukhdev Singh Dhindsa (SAD).

The Sikhs have been fighting for amendments to the Anand Karaj (Marriage) Act, 1909, passed by Viceroy and Governor-General on October 22, 1909. The Act reads: “This Act would be extended to the whole of British India.” While introducing the Anand Marriage Act, the British Government had made it clear that it was being introduced to remove doubts as to the validity of the marriage ceremony of the Sikhs called “Anand”. Post-Independence, the Anand Marriage Act, 1909, was extended to the new provinces and states merged under the the Merged States (Laws) Act, 1949, and to the Union Territories in 1950 and Manipur and Tripura in 1956. The Act was brought into force in Meghalaya on January 21, 1972.

However, Sikh marriages are not registered under it till date. The Sikh marriages performed under Sikh rites are registered either under the Hindu Marriage Act or the Special Marriage Act.

Anand Marriage Act, 1909

The Act's salient features are:

All marriages which may be or may have been duly solemnised according to the Sikh marriage ceremony called “Anand” shall be deemed to have been with effect from the date of the solemnisation of each respectively, good and valid in law; nothing in this Act shall apply to: (a) any marriage between persons not professing the Sikh religion, or (b) any marriage which has been judicially declared null and void.

Nothing in this Act shall affect the validity of any marriage duly solemnised according to any other marriage ceremony customary among the Sikhs.

Nothing in this Act shall be deemed to validate any marriage between persons related to each other in any degree of consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal.

HINDU MARRIAGE ACT, 1955 

The Hindu Marriage Act, 1955, extends to the whole of India, except Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. This Act applies to:

Any person who is a Hindu by religion in any of its forms, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.

Any person who is a Buddhist, Jain or Sikh by religion; Any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. The Act also states that the expression “Hindu” in any portion of this Act shall be construed to include a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. As a result, the Anand Marriage Act 1909, which was the only piece of legislation applicable exclusively to Sikhs, has become redundant.

DIFFERENT CUSTOMS

So far, there is no provision for the registration of a marriage under the Anand Marriage Act, despite the fact that it has been on the statute books since 1909. As such, the Sikhs have to get their marriages registered either under the Hindu Marriage Act or the Special Marriage Act.

This is the reason why Sikhs have had reservations on getting their marriages registered under the Hindu Marriage Act. The Sikhs contend that they are a separate religion with a different set of customs and there are several differences in the way marriage ceremonies are solemnised by followers of the two religions.

Guru Granth Sahib strictly prohibits idol or element worship, but in the Hindu marriage ceremony, the worship of nine constellations of stars is necessary and the Agni (fire) is a witness to the holy union. In case of the Sikhs, Guru Granth Sahib is the witness.

A Sikh couple walks around the Holy Granth to the recitation of four hymns, known as "lavaan". A Hindu couple takes seven “pheras” around the fire.

POST-INDEPENDENCE SCENARIO

Sikh scholars feel that the process of distinct laws for the Sikhs was undone by the policy adopted under Explanation II to Article 25 (2) of the Indian Constitution.This provision ensured that the Sikhs were included in the definition of Hindu. As a result, Sikhs come under the Hindu Marriage Act 1955, the Hindu Minority and Guardianship Act, 1956, the Hindu Adoption and Maintenance Act, 1956, and the Hindu Succession Act, 1956.

AN EVENTFUL YEAR

The year 2008 turned out to be a momentous year for the Anand Marriage Act, 1909, with the Punjab Assembly passing the Punjab Compulsory Registration of Marriages Bill:2008 on March 12, 2008, paving the way for registration of marriages under the Anand Marriage Act: 1909. The Pakistan Govt, too, passed the draft of the Anand Marriage Act on January 23, 2008, to allow Sikhs to register marriages under a separate marriage Act.

WHAT IS THE ANAND KARAJ?

Anand Karaj was introduced by third Sikh guru, Guru Amar Das in the 16th century. The four “lavaan” (hymns recited during the marriage ceremony) were composed by his successor, Guru Ram Das

The Anand Karaj is governed by the Sikh “rehat maryada” (Sikh code of conduct) determined by the SGPC, according to which only those who follow the Sikh religion may marry under the ceremony

It also states that child marriage is invalid and that no account should be taken of the prospective spouse’s caste

The Anand Karaj usually takes place in a gurdwara, though it may also be conducted at the residence of the bride or groom or any other place where Guru Granth Sahib presides.

However, it must be ensured that proper protocol is observed around the presence of the Guru Granth Sahib.

According to a recent edict by Akal Takht, Anand Karaj is to take place only in a gurdwara and Guru Granth Sahib cannot be taken to a marriage hall for the purpose.

LONG PENDING DEMAND

There is no provision for registration of marriage under the Anand Marriage Act, despite the fact that it has been on the statute books since 1909. This legislation applicable exclusively to the Sikhs has, thus, become redundant.

As such, the Sikhs have to get their marriages registered either under the Hindu Marriage Act or the Special Marriage Act.

The Sikhs contend that theirs is a separate religion with a different set of customs.

GOVERNMENT IGNORED PARLIAMENTARY COMMITTEE RECOMMENDATIONS

In dropping the proposal for an amendment to the Anand Marriage Act of 1909 to provide for compulsory registration of Sikh marriages, the Indian Government has disregarded a unanimous recommendation the Parliamentary Standing Committee had made in 2007. 

A day after the Law Minister justified abandoning the amendment on the grounds that it would breed similar demands from other communities and was against the principles of the uniform civil code, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (which is now considering the Lokpal Bill) had, on December 4, 2007, considered the issue and unanimously asked the Congress-led UPA government to come forward with a simple amendment to the Anand Karaj Act to allow Sikh marriages to be registered therein. Besides, two former law ministers - HR Bhardwaj and M Veerappa Moily - gave assurances in the RS to bring about the said amendment.

The Parliamentary Committee chaired by Congressman EM Sudershan Natchiappan, in its meeting held in December 2007, even impressed upon the then Law Secretary KN Chaturvedi of the necessity of the move in the wake of the Supreme Court’s 2006 judgment, directing all states and UTs to make registration of marriages mandatory.

The meeting was held to take a view on the matter after 12 Sikh MPs cutting across party lines -  including the then Lok Sabha Deputy Speaker, Charanjit Singh Atwal of the Akali Dal. He gave a letter to the house panel chief, seeking the amendment to prevent NRI grooms from leaving their wives in the lurch.

Former Rajya Sabha MP Tarlochan Singh, who was member of the said committee, today confirmed that the panel’s report was extremely positive and favoured the long-standing demand of Sikhs. He today even shot off a letter to Law Minister Salman Khursheed, who is also the Minority Affairs Minister. The letter states, “The Sikh minority has been shocked by this unrealistic approach of your ministry. You are also Minister for Minority Affairs where you are supposed to protect the rights of minorities. For long, there is a feeling that the government is showing different treatment to various minority communities.”

HISTORY

The famous Chhawale sants, Sunder Singh and Pritam Singh, from the Doaba region had taken it upon themselves to get the marriages of their congregation solemnised as per the Anand Karaj enshrined in the rehat/maryada published by the SGPC after the 'Mini Parliament' of the Sikhs was founded.

From the frontier regions of Peshawar to the hill tracts of Paonta Sahib, the duo carried the Guru Granth wherever their followers or their kith and kin were to be married over ninety years ago. Though the act was yet to be implemented, the Sikhs had been following this maryada at the time of marriage since long.

Prof Harbans Singh Bolina, former SGPC honorary education secretary who is the coordinator of the Centre for Guru Granth Sahib Studies, Lyallpur Khalsa College, said the first ever Anand Karaj was performed by Mata Ludiki for her son Dayal Singh, who later went on to found the Nirankari Mission. She was a known social worker of the region.

"The new committee that takes over on November 22, 2011, should raise the issue and take it to its logical conclusion," Prof. Harbans Singh said.

On the other hand, the All-India Sikh Students Federation (AISSF) has termed dropping the 'Anand Marriage Act-1909' proposal by the Centre as a "discriminatory" act. The AISSF has decided to file a constitutional petition before the Supreme Court challenging the Home Ministry decision.

Federation chief Karnail Singh Peermohammad said the Centre's decision of asking Sikhs to register their marriages under the Hindu Marriage Act was in violation of 'equal rights' provided under Article 14 & 15 of the Constitution. "The SAD (Badal), SGPC and DSGMC have betrayed the Sikh community by doing nothing to get the act implemented for decades. We will take the issue to the Sikh Community and would expose the ineffectiveness of these organizations," Karnail Singh said.

At present, the Muslims, Christians, Parsis and Jews have their own marriage acts, he pointed out.

 

[Courtesy: The Tribune]

September 1, 2011

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