Malcolm Rivera
The Indian Constitution does not define any religion, including Sikhism. However, the interpretation of Sikhism's status as a religion has been a subject of debate. Article 25 of the Indian Constitution mentions the Sikh Religion twice, but it also includes Sikhism in the definition of Hinduism. This has led to disputes, with some Sikhs campaigning for a distinct identity separate from Hinduism and seeking to modernize Sikhism. The Indian Constitution also acknowledges Sikhs as a separate religion in certain acts, such as the Hindu Marriage Act of 1955, which provides for laws related to marriages of Hindus but extends provisions to 'Sikhs by religion'. The subsequent Anand Marriage Act grants further rights to Sikhs, differentiating their marriage procedures from those of Hindus.
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What You'll Learn
The Indian Constitution's definition of Sikhs
The Indian Constitution does not define any religion, including Hinduism. However, it does define who the 'Hindu Law' applies to. The Hindu Marriage Act of 1955 includes in its scope "any person who is a Buddhist, Jain or Sikh by religion". This acknowledges Sikhs as a separate religion.
Article 25 of the Indian Constitution, which relates to freedom of conscience and the right to profess, practise and propagate religion, has been a source of contention for Sikhs. This is because it is argued that this article includes Sikhs in the definition of Hindus. However, this is considered a fallacy by some. Article 25(2)(b) specifically mentions the "Sikh Religion" and extends certain legal provisions applicable to Hindus to Sikhs, Jains, and Buddhists.
The Anand Marriage Act provides further rights to Sikhs for a distinct procedure that is not in line with Hindu procedures. This was recognised in a letter from the Principal Private Secretary of the Prime Minister to Shri S. G. Patil, a representative of the Jain community, in 1950.
When the Indian Constitution came into force in 1950, it had two Sikh representatives, namely Sardar Hukam Singh and Sardar Bhopinder Singh Mann. However, both refused to sign, citing Article 25's problematic inclusion of Sikhism as a sect of Hinduism rather than an independent religion. Despite this, the constitution was enacted with the same definition, and this definition was used again in the 1955 Hindu Marriage Act.
In the 1970s, Sikhs campaigned for the Anandpur Sahib Resolution, which aimed to address political grievances, protect Sikhs from discrimination, and promote Sikh principles in the newly carved Sikh-majority state.
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Sikh representatives in the Constituent Assembly of India
The Constituent Assembly of India was a partly elected and partly nominated body that framed the Constitution of India. The members of the Constituent Assembly of India were elected by the Provincial Assemblies by a single, transferable-vote system of proportional representation. The total membership of the Constituent Assembly was 389, of which 292 were representatives of the provinces, 93 represented the princely states, and 4 were from the chief commissioner provinces.
The Sikh community was represented in the Constituent Assembly of India by Sardar Hukam Singh, a devout Sikh, lawyer, and Lok Sabha speaker. Singh was elected to the Constituent Assembly in April 1948 as a member of the Shiromani Akali Dal. He was a dynamic member of the assembly and a champion of minority rights. He refused to sign the draft of the constitution, along with another Sikh representative, Bhupinder Singh Mann, as he felt it failed to secure the Sikh community's cultural identity and rights. Singh raised a motion to amend the articles of the Constitution referring to scheduled castes, seeking to substitute the words "Schedule Castes" with the words "Backward communities of whatever class or religion." He was committed to securing rights for the underprivileged in the Sikh community, as well as in the Muslim, Parsee (Parsi), and Anglo-Indian communities.
On January 26, 1950, Sikh representatives refused to sign the Indian constitution as Sikhs were recognized as Hindus and were not provided with the same concessions as Hindu scheduled castes. This led to a heavy government crackdown, with the Congress Government arresting as many as 21,000 people.
In the 1970s, Sikhs campaigned for the Anandpur Sahib Resolution, which aimed to address political grievances, protect Sikhs from discrimination, and promote Sikh principles in the newly carved Sikh-majority state. However, this campaign culminated in Operation Bluestar, which included the invasion and demolition of the holiest Sikh shrine by the Indian army, the 1984 Sikh genocide, and arbitrary arrests and extrajudicial killings of Sikhs across the country for the following decade.
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The Anand Marriage Act
The Indian Constitution does not define any religion, including Hinduism. However, it does define who the 'Hindu Law' applies to. For example, The Hindu Marriage Act of 1955 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.
The Indian Constitution acknowledges Sikhs as a separate religion, but a common misconception among Sikhs is that the Constitution includes them in the definition of Hindus. This misconception revolves around Article 25 of the Indian Constitution, which states that:
> all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
Article 25(2)(b) extends the provisions regarding Hindu religious institutions to Sikh, Buddhist, and Jaina 'Religions'.
The Anand Karaj is the Sikh wedding ceremony, meaning "Act towards happiness" or "Act towards happy life", that was introduced by Guru Amar Das. The four laavaan (hymns) that take place during the ceremony were composed by his successor, Guru Ram Das. The core of the Anand Karaj is the 'lavan', wherein shabads are sung with the bride and groom circumambulating the Guru Granth Sahib. The ceremony serves to provide the foundational principles towards a successful marriage and also places the marriage within the context of unity with God.
In 2012, the Indian Parliament passed The Anand Marriage (Amendment) Bill, allowing Sikhs to register their marriages under the Anand Karaj Marriage Act instead of the Hindu Marriage Act. According to the amendment bill, couples whose marriages have been registered under this act will not be required to register their marriage under the Registration of Births, Marriages and Deaths Act, 1969, or any other law currently in force.
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The Anandpur Sahib Resolution
The Indian Constitution does not define any religion, including Hinduism. However, it does define who the 'Hindu Law' applies to. For example, The Hindu Marriage Act of 1955 applies to "any person who is a Hindu by religion in any of its forms and developments" and "to any person who is a Buddhist, Jain or Sikh by religion". This acknowledges Sikhs as a separate religion.
Article 25 of the Indian Constitution states:
> Freedom of conscience and free profession, practice and propagation of religion · (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
Article 25 (2) (b) extends the provisions regarding Hindu religious institutions to Sikh religious institutions. It mentions the "Sikh Religion" as a term twice.
The resolution was endorsed in the form of a succession of resolutions at the 18th All India Akali Conference of the Shiromani Akali Dal at Ludhiana on 28–29 October 1978. During the 1967 assembly election, the Akali Dal demanded special status for Sikhs along the lines of Jammu and Kashmir, as envisaged by Article 370. In line with this demand, the Shiromani Akali Dal's working committee adopted the Anandpur Sahib resolution in 1973, emphasising Sikh autonomy.
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Sikhs' right to self-determination
The right to self-determination is a fundamental human right that allows individuals to freely determine their political status and pursue their economic, social, and cultural development. Since the inception of their faith in the 15th century, Sikhs have consistently faced challenges to their sovereignty, including political and armed attempts at subjugation by various forces.
In the context of the Indian Constitution, the right to self-determination for Sikhs is a complex issue. While the Indian Constitution does not define any religion, including Hinduism, it acknowledges Sikhs as a separate religion. Article 25 of the Constitution, which guarantees freedom of religion, has been a point of contention, with some Sikhs believing that it includes them in the definition of Hindus. However, the Constitution also extends certain legal provisions applicable to Hindus to Sikhs, Jains, and Buddhists, recognising the "Sikh Religion" as a distinct term.
The partition of India and the creation of the line dividing the Sikh population further impacted the Sikh community. Sikhs suffered organised violence and riots in West Pakistan, leading them to move en masse to the Indian side, leaving their property and holy sites behind. The Punjabi Suba movement and the presentation of a Punjabi Suba policy in 1948 by Master Tara Singh reflected the desire for a separate Sikh state. Additionally, the Sikh Sabha movement led to the establishment of over 100 Singh Sabhas in the north and northwest Indian subcontinent, demonstrating the community's organisational strength.
Despite these efforts, Sikhs in the Republic of India continue to face ideological conflicts with Hindutva, as they seek to defend their sovereignty and religious independence. The absence of potent political power within the Republic of India and the lack of recognition for the right to self-determination in the Indian Constitution pose challenges to the Sikh community's pursuit of self-determination. However, external self-determination has been recognised in exceptional situations, such as in Bangladesh, Eritrea, and Kosovo, where large-scale human rights abuses were suffered by the subjugated peoples.
The "Khalistan" Referendum in Canada, organised by the Sikhs for Justice (SfJ) organisation, seeks to create an independent Sikh homeland through external self-determination. While there is a surplus of support for Khalistan among Sikhs in foreign nations, the issue of safety and fear of repercussions in India remain significant concerns. The right to self-determination for Sikhs remains a complex and ongoing pursuit, with potential future paths influenced by political discourse, power vacuums, or other unforeseen factors.
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Frequently asked questions
The Indian Constitution does not define any religion, including Sikhism. However, it does define who the 'Hindu Law' applies to, which includes Sikhs. The Constitution also acknowledges Sikhs as a separate religion and grants them certain rights.
The Anand Marriage Act provides Sikhs with distinct procedures for marriage that differ from Hindu procedures. While Sikh marriages can be solemnized according to Sikh rites, they must be registered under the Hindu Marriage Act.
During the Indian independence movement, Sikh leaders, such as the Sikh ruler of the Kapurthala State, opposed the partition of India and advocated for a united, secular country. They also condemned the Lahore Resolution and the movement to create Pakistan, fearing persecution.
Sikhs in modern India have faced issues such as the geographical reduction of their homeland, disregard for their language, lack of legislative control, and absence of recognition as a distinct faith in the Constitution. They have campaigned for resolutions like the Anandpur Sahib Resolution to address these grievances and protect their rights.
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