Malcolm Rivera
Sikhism is a major world religion with 25–30 million followers worldwide, 90% of whom are based in India. Despite this, the Indian Constitution does not recognise Sikhism as a separate religion. Article 25 of the Indian Constitution recognises Sikhism as a part of the Hindu community, which has led to issues for Sikhs wishing to wear their articles of faith in some foreign countries. This is because lawsuits are overturned by citing the Constitution of India, which implies that Sikhs are not a separate religion.
| Characteristics | Values |
|---|---|
| Sikhs are recognised as a part of the Hindu community | Article 25 of the Indian Constitution recognises Sikhism, Jainism, and Buddhism as subsects of Hinduism |
| Sikhs are not recognised as a separate religion | The Indian Constitution does not define any religion, not even Hinduism |
| Sikhs face serious issues over their right to wear their articles of faith in some foreign countries | In some countries, legal lawsuits are overturned by citing the Constitution of India |
| Sikhs are a minority in India | Sikhs only comprise about 1.7% of the Indian population |
| Sikhs are a majority in the state of Punjab | Punjab is home to 57.7% of the state's population |
| Sikhs have their own code of conduct | Guru Gobind Singh established the Sikh Dharma as a separate religion in 1699 |
| Sikhs are not recognised as a third community | The partition of India divided the Sikh population |
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What You'll Learn
- Article 25 of the Indian Constitution recognises Sikhism as a sect of Hinduism
- Sikhs have faced discrimination and violence, including genocide, for their beliefs
- The Sikh struggle for recognition as a third community during the partition of India
- The Indian legal system does not acknowledge Sikhism as a separate religion
- Sikhism is a distinct faith with its own code of conduct and concept of God
Article 25 of the Indian Constitution recognises Sikhism as a sect of Hinduism
Article 25 of the Indian Constitution has been a point of contention for the Sikh community, who argue that it recognises Sikhism as a sect of Hinduism, rather than an independent religion. This issue has led to protests and campaigns by Sikhs, who seek to have the article amended to reflect their distinct religious identity.
Article 25 of the Indian Constitution guarantees the fundamental right to freedom of religion. It states that all persons are equally entitled to freedom of conscience and the right to profess, practice, and propagate their religion. The article also includes provisions for the extension of certain legal rights to Hindus, which are also applied to Sikhs, Jains, and Buddhists.
The controversy surrounding Article 25 stems from the interpretation that it includes Sikhism as a part of Hinduism. This interpretation has been rejected by the Sikh community, who view it as a misrepresentation of their religious identity. They argue that Sikhism is a separate and distinct religion from Hinduism, with its own beliefs, practices, and history.
The Sikh community has faced challenges and discrimination due to the lack of recognition of Sikhism as a separate religion in the Indian Constitution. One significant issue is the right to wear religious articles of faith, such as the 'Dastar', which has been restricted in some foreign countries. Legal lawsuits regarding these matters have been overturned, citing Article 25 of the Indian Constitution. This has resulted in Sikhs being identified as Hindus, leading to misunderstandings and difficulties for the Sikh community.
In response to this ongoing issue, members of the Sikh community submitted a memorandum to Prime Minister Narendra Modi in 2019, requesting an amendment to Article 25. They emphasised the serious implications of the current interpretation of Article 25, which hinders their ability to freely practise their faith both within India and abroad. The memorandum specifically highlighted the challenges faced by Sikhs in wearing their religious articles of faith and the subsequent legal consequences in certain foreign countries.
While the Indian Constitution does not provide a definition of Hinduism or any other religion, it is important to respect the distinct identity of Sikhism and address the concerns raised by the Sikh community. The ongoing struggle for recognition highlights the complexities of religious identity and the need for inclusive and accurate representation in legal frameworks.
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Sikhs have faced discrimination and violence, including genocide, for their beliefs
The Indian Constitution does not define any religion, including Hinduism. However, it does define whom the 'Hindu Law' applies to. The Hindu Marriage Act of 1955 states that the Act applies to "any person who is a Hindu by religion in any of its forms and developments" and lists several religious groups, including Sikhs. This bundling of Sikhism as a sect of Hinduism and not an independent religion has been a point of contention for Sikhs, who argue that they have a distinct religious identity.
In the 1970s, Sikhs campaigned for the Anandpur Sahib Resolution, seeking to address political grievances, protect Sikhs from discrimination, and promote Sikh principles in the newly formed Sikh-majority state. However, this led to Operation Bluestar, where the Indian army invaded and demolished the holiest Sikh shrine. The 1984 anti-Sikh violence and the Sikh genocide further fueled sentiments of persecution and a movement for Sikh self-determination.
In addition to the historical violence and genocide, Sikhs continue to face discrimination and threats to their physical and mental safety. In India, Sikhs have experienced widespread and systematic abuses by security forces, including torture, murder, and enforced disappearances. Human rights investigations have uncovered thousands of extrajudicial killings by the Punjab Police, specifically targeting Punjabi Sikhs. Even outside of India, Sikhs remain vulnerable to attacks, as evidenced by the recent assassination attempt in New York City and the murder of a Sikh individual on Canadian soil. These incidents underscore the ongoing challenges faced by the Sikh community, both within India and abroad.
Furthermore, Sikhs have faced restrictions on their religious practices and expressions of faith. In Canada, for example, there have been legal battles over the right to wear religious articles, such as the kirpan and dastar (turban), in various settings like schools, courtrooms, and sports leagues. While progress has been made in securing religious freedoms, these instances highlight the ongoing struggles and the need for continued advocacy to protect the rights of Sikhs to freely practice their religious beliefs.
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The Sikh struggle for recognition as a third community during the partition of India
The partition of India in 1947 saw the creation of two independent nation-states: Hindu-majority India and Muslim-majority Pakistan. This led to one of the greatest migrations in human history, with millions of Muslims travelling to Pakistan and millions of Hindus and Sikhs heading in the opposite direction. The partition also resulted in a mutual genocide, with Hindus and Sikhs on one side and Muslims on the other.
The Sikhs had hoped to gain an independent state during the partition of India, with the third option being Khalistan or Sikhistan. However, this was not a viable option due to the scattered population of Sikhs, dissent within the community, and the attitude of the Congress and the League, the main stakeholders. The Sikh leadership also had to contend with the competent leadership of M. A. Jinnah, M. K. Gandhi, and Jawaharlal Nehru, which put them at a disadvantage.
The Sikh leaders' attempts to portray themselves as nationalists further complicated their situation, as their agenda was primarily communal. The impact of the link between Sikhism and Hinduism also affected the political idealism of the Sikhs, and they failed to rid themselves of the undue influence of the Hindus. The Congress repeatedly betrayed the Sikhs on many issues, including the Ravi Pledge of 1929, where they promised that no constitutional package would be conceded without Sikh approval, a promise that was never kept.
In 1950, when the Indian Constitution came into force, the two Sikh representatives, Sardar Hukam Singh and Sardar Bhopinder Singh Mann, refused to sign it. This was due to Article 25's inclusion of Sikhism as a sect of Hinduism rather than an independent religion. Despite their protests, the constitution was enacted with the same definition, and this problematic classification was later used in the Hindu Marriage Act of 1955.
In the 1970s, following 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, Sikhs campaigned for the Anandpur Sahib Resolution. This resolution aimed to address their political grievances, protect Sikhs from discrimination, and promote Sikh principles in the newly carved Sikh-majority state. However, these demands ultimately led to tragic consequences, including the invasion and demolition of the holiest Sikh shrine by the Indian army and the 1984 Sikh genocide.
Even today, Sikhs continue to face challenges, with members of the community urging the Indian government to amend Article 25 and recognize Sikhism as a separate religion. The struggle for recognition as a distinct community during the partition of India and its aftermath has been a long and ongoing journey for the Sikhs, marked by political complexities, violence, and a continued fight for their rights and identity.
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The Indian legal system does not acknowledge Sikhism as a separate religion
The Indian Constitution's failure to recognise Sikhism as a distinct religion has been a longstanding issue for the Sikh community. In 1950, when the Constitution came into force, the two Sikh representatives in the Constituent Assembly of India, Sardar Hukam Singh and Sardar Bhopinder Singh Mann, refused to sign the document due to Article 25's problematic inclusion of Sikhism as a sect of Hinduism. Despite this, the Constitution was enacted without changes, and the definition was used again in the Hindu Marriage Act of 1955, which incorporated the registration and dissolution of Sikh marriages.
The Sikh community has continued to advocate for the recognition of Sikhism as a separate religion under the Constitution. In 2019, a memorandum was submitted to Prime Minister Narendra Modi, requesting an amendment to Article 25. The memorandum highlighted the serious issues faced by Sikhs in foreign countries due to the Indian Constitution's failure to recognise their distinct religious identity. Additionally, the National Commission to Review the Working of the Constitution (NCRWC) has supported the demand for a separate status for Sikhism, and the National Commission for Minorities recognised Sikhs as a separate minority.
The lack of recognition for Sikhism as a separate religion in the Indian Constitution has had significant implications for the Sikh community, both domestically and internationally. It has led to issues with wearing religious articles of faith, as well as concerns about the preservation of their distinct identity and culture. The Sikh community has faced historical injustices, including the invasion and demolition of their holiest shrine by the Indian army and the 1984 Sikh genocide. These events, coupled with the lack of recognition in the Constitution, have fuelled political grievances and campaigns for greater autonomy and protection from discrimination.
While the Indian legal system does not explicitly acknowledge Sikhism as a separate religion, it is important to note that the Constitution of India does not define any religion, including Hinduism. The Constitution provides legal rights to various religious groups, including Sikhs, by bundling them together under broad categories. However, the Sikh community continues to strive for official recognition of their distinct religious identity, which is acknowledged globally except in the Indian legal system.
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Sikhism is a distinct faith with its own code of conduct and concept of God
Sikhism is a monotheistic religion; Sikhs believe there is only one God, who has infinite qualities and names. The word for God in Sikhism is Waheguru, meaning 'wondrous teacher'. Waheguru is considered to be Nirankar ("shapeless"), Akal ("timeless"), Karta Purakh ("the creator being"), Akaal Purkh ("beyond time and death") and Agam Agochar ("incomprehensible and invisible"). The oneness of God is reflected by the phrase Ik Onkar.
Sikhism is not dogmatic and is considered a "Religion of Self" where everyone has a personal relationship with God. It does not emphasise pilgrimage, praying in a particular direction, praying on a particular day, fasting, meaningless rituals, idol worship, superstition, body mutilation, asceticism or celibacy. The concept of God in Sikhism is unique; God is both transcendent and immanent. God is beyond the empirical universe, but also resides within it. God is omnipresent and omnipotent, dwelling in everyone's heart.
Sikhism has its own code of conduct, which includes faith and meditation in the name of the one creator, the divine unity and equality of all humankind, engaging in selfless service to others (seva), striving for justice for the benefit and prosperity of all (sarbat da bhala), and honest conduct and livelihood. Baptised Sikhs are obliged to wear the five Ks, which are five articles of faith that physically distinguish them from non-Sikhs. Observant Sikhs adhere to long-standing practices and traditions to strengthen and express their faith, including the daily recitation of the divine name of God, Waheguru, and the recitation of specific passages from the Guru Granth Sahib.
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Frequently asked questions
The Indian Constitution does not recognize Sikhism as a separate religion from Hinduism. Article 25 of the Indian Constitution recognizes Sikhism, Jainism, and Buddhism as subsects of Hinduism. This has led to issues for Sikhs in foreign countries, where they are immediately identified as Indian and face restrictions on their right to wear their articles of faith.
Article 25 of the Indian Constitution states that, "all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion." The article does not define the term "Hindu," but it does outline who the "Hindu Law" applies to. This includes "any person who is a Hindu by religion in any of its forms and developments," as well as "any person who is a Buddhist, Jain or Sikh by religion."
Sikhs have campaigned for the recognition of Sikhism as a separate religion from Hinduism. In 1950, the two Sikh representatives in the Constituent Assembly of India refused to sign the constitution due to its definition of Sikhism. In the 1970s, Sikhs campaigned for the Anandpur Sahib Resolution, which aimed to address political grievances and protect Sikhs from discrimination across India. More recently, members of the Sikh community have submitted memorandums to Prime Minister Narendra Modi, requesting an amendment to Article 25 to recognize Sikhism as a separate religion.
