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Act One
scene Again
 Notwithstanding
the several gaping holes in the 1925 SIkh Gurdwara Act, the various
exercises at hammering out an all India Act to govern and administer
all gurdwaras in India have had a certain component attached which
was more a pointer of the deviousness involved than a genuine
attempt to help the community to have a statute for its shrines.
In
1999, the Union Home Ministry sent the proposed amendments in the
Sikh Gurdwara Act 1925, as received from Chief Commissioner,
Gurdwara Elections, Chandigarh, to the Shiromani Gurdwara Prabandhak
Committee (SGPC), Punjab government, National Commission for
Minorities, Central Ministries of Welfare and Justice for their
in-depth examination and comments.
The ostensible reason was that after receipt of their detailed
comments, the matter was to be examined by Ministry of Home Affairs,
in consultation with Ministry of Law. It may be mentioned that a
draft of the All India Sikh gurdwara Bill was also received from
Chief Commissioner, Gurdwara Elections which has also been sent to
the above-mentioned agencies and the concerned State Governments for
their in-depth examination and comments. "Government of India does
not want to act in haste on these proposals. Action on these
proposals will depend ultimately on the views expressed by the Sixth
Gurdwara Prabandhak Committee, Amritsar, Government of Punjab,
Minorities Commission and other concerned State Governments and the
evolution of a consensus in the Sikh community on these issues," an
official statement of the Centre said.
But
what exactly was at the root of the entire thing. The 1999 bill
draft. Now that the Parkash Singh Badal government has once again
stirrred the cauldron and appointed a committee on the matter, with
the CM himself in chair (see previous issue of WSN), it is time for
a thorough re-look at the 1999 draft.
The WSN is in possession of the draft and is even aware of much of
the exertion that has already happened on the matter within the
committee set up recently. But we will for the time beign limit
ourselves to a discussion of the draft bill clause by clause.
First of all, a clarification. In 1999, the then Chief Commissioner
of Gurdwara Elections (GEC) Harbans Singh prepared two separate
documents. One was a draft notification proposing certain far
reaching amendments in the existing Sikh Gurdwara Act 1925 and the
other was the draft bill 1999 aimed at replacing the 1925 Act
altogether. The Draft Notification was sent to the Union Home
Ministry on August 9, 1999, which sent it to the SGPC on August 31
that year for information and comments. What is not clear is at
whose directive did the GEC prepare the draft at all? Though the
draft notification had many welcome features, like removal of
sehajdharis from voters’ list, it also removed the bar on alcoholics
and patits from becoming voters and members, repectively. There were
many detrimental and disparaging changes in the definition of the
Sikh. Almost all the amendments suggested in this draft notification
now find a mention in the 1999 draft bill with further dilution.
Definition of the Sikh
Read the brief note of the GEC, the author of the 1999 draft bill,
himself on the matter: “The definition of the Sikh should be the
same as in the Delhi Sikh Gurdwara Act 1971 and right of vote at the
election should be given only to the “Sikhs” so defined, and right
to vote given to Sehajdharis for the first time in 1959 on Pepsu
Gurdwara being brought under the Sikh Gurdwara Act 1925, be
omitted.”
Now
to the reality. The 1999 draft bill of course dropped the
Sehajdharis from the voters’ list. But then also went back on its
own praise of the definition of the Sikh in the 1971 Delhi Act. The
ddefinition, as per known academic and scholarly norms, must be
definitive, free from ambiguity or misrepresentation. Here are the
definitions in various acts reproduced:
+
Existing clause in Punjab Gurdwara Act 1925
2.(9) Sikh means a person who professes the Sikh religion or, in the
case of a deceased person, who professed the Sikh religion or was
known to be a Sikh during his lifetime.
 If
any question arises as to whether any living person is or is not a
Sikh, he shall be deemed respectively to be or not to be a Sikh
according as he makes or refuses to make in such manner as the
(state) Government may prescribe the following declaration:-
I solemnly afffirm that I am a Sikh, that I believe in the Guru
Granth Sahib, that I believe in the Ten Gurus, and that I have no
other religion.
+ Delhi Sikh Gurdwara Act,
1971
2
(n) “Sikh” means a person who professes the Sikh religion, believes
and follows the teachings of Sri Guru Granth Sahib and the
ten Gurus only and keeps unshorn hair. For the
purposes of this Act, if any question arises as to whether any
living person is or is not a Sikh, he shall be deemed respectively
to be or not to be a Sikh according as he makes or refuses to make
in the manner prescribed by rules the following declaration:-
“I
solemnly affirm that I am a Keshadhari Sikh, that I believe
in and follow the teachings of Sri Guru Granth Sahib and the
ten Gurus only, and that I have no other
religion.” (Emphasis added)
+
Sikh Gurdwara Bill 1999 (Draft)
2(9) : 'Sikh' means a person who professes the Sikh religion,
believes in the teachings of the Ten Gurus and Sri Guru Granth Sahib
and in the Khande-ka-Amrit bequeathed by the Tenth Guru and keeps
unshorn hair and does not use tobacco in any form.
The inference is clear. Even though the GEC claimed to have
borrowed the definition from the 1971 Delhi Act, look what has been
changed/omitted:
n
The
words “only” and “follows” from “believes and follows the teachings
of Sri Guru Granth Sahib and the Ten Gurus ONLY”
n
‘I
have no other religion’ from the declaration
The
definition of the Sikh which could be made part of the statute with
concerted effort of the entire panth is now sought to be withered
away with the stroke of the pen
Why
the change in the 1971 Act definition? The 1925 Act definition said
in the affirmation that "I have no other religion". Similarly, the
1971 definition, also says that the person making declaration must
state that he not just believed in teachings of Sikh Gurus but
believed in them ONLY and must also state that "I HAVE NO OTHER
RELIGION". The proposed definition drops, without much ado, the
words ONLY and the words that I HAVE NO OTHER RELIGION. What is
more, the note on the draft bill which are an integral part of the
bill so far say that these were MINOR MODIFICATIONS. So, is there no
difference between believing in a particular thing and ONLY
believing in that one thing and NO other: Why, for the love of God,
must the panth accept these 'minor modifications'? Why is one
Kurahit about use of tobacco included in the definition of a Sikh?
Why not other don'ts about alcohol, about cohabiting, about? Pray,
why only tobacco?
Of
course it would be virtually impossible to include every Don’t in
the definition. So why not return to the Sikh Rehat Maryada.
Therein, the definition of the Sikh goes like this: “ANY HUMAN
BEING WHO FAITHFULLY BELIEVES IN (I) ONE IMMORTAL BEING, (ii) TEN
GURUS, FROM GURU NANAK DEV TO GURU GOBIND SINGH, (iii) THE GURU
GRANTH SAHIB, (iv) THE UTETERANCES AND TEACHINGS OF THE TEN GURUS
AND (v) THE BAPTISM BEQUATHED BY THE TENTH GURU, AND WHO DOES NOT
OWE ALLEGIANCE TO ANY OTHER RELIGION, IS A SIKH.” Is there a problem
with this definition?
Further, as per the Sikh Rehat Maryada, the Ardas of a Patit
(apostate) and a tankhaiya is forbidden at the Akal Takht. However,
the Patit is cleared for contesting the election of the SGPC.
 The
condition for a voter, not to be taking alcohol, is also proposed to
be deleted in the proposals. It is argued that for all practical
purposes this is a superfluous clause. However, we are of the view
that in case this becomes a part of the statute it may open the
floodgates for a negative approach.
Any
amendment to the said act is proposed to be done with only
consultation of the
SGPC. So, practically consent is not required. This may also
prove to be disastrous in case of a malicious intent.
Other anomalies
+
The Akal Takhat Sahib is the symbol of the concept of Miri-Piri and
it is not a Gurdwara but the Bill has declared it to be just another
Gurdwara. (Section 45)
+
It is proposed in the Bill that the Jathedar of the Akal Takhat will
have to take oath by appearing before the President of the Board or
its nominee. (Section 78 (5))
+ A
Patit committing any of the foru Kurahits was disqualified to become
a member. Now out of the four, two have been removed, thus giving
concession on this count too. (Section 33)
+
No new Gurdwara will be established without prior permission of the
Registering Authority. Violation of this will make the person liable
for imprisonment. (Section 5 and 6)
+
Disqualification of an alcoholic and a Patit apostate for becoming
voter has been removed (Section 31 and 64 (iii))
+The definition of the Sikh has been made too loose and will now
include groups openly propagating against Sikh scriptures (Section 2
zb)
+
Now, only “believing” and not “following” the teachings is essential
+
If a Gurdwara is not being used as a Gurdwara the same will not be
recognised as a Gurdwara. (Does this mean that the Gurdwaras of
Pakistan for which the ardas is done are no more Gurdwaras?)
(Section 2zc(iv))
+It
has to be proved that the Gurdwara has been established by the
Sikhs. If the found/er of a Gurdwara is held to be not conforming to
the definition of Sikh will that mean that with him the Gurdwara
will also be declared as a non-Gurdwara. Will it not encourage the
unscrupulous people to get themselves declared as non-Sikhs to take
the gurdwaras out of the purview of the Act? (Section 2 zc (iv))
+Before the formation of a regular board, the interim board will be
constituted by the Government. (Why govt?) (Section 124)
+
As per Sikh traditions, any Sikh can approach the Akal Takht. Now a
multi-layered system of committees and sub-committees is being
sought to be created between a Sikh and the Akal Takht Sahib.
(Section 76)
+
The concept of Gurmata, Sangat, Panj Piaras, Guru Panth, Sikh Rahit
Maryada do not find a place anywhere in the Act. (Section 83 (3))
+
In a situation of failure on the part of the committee to pay
revenue to the Central Board it will be recovered as land revenue.
So, the historic gurdwara may be open to the concept of ‘kurki’!
(Section 113(3))
+
The historic name SGPC has been removed and instead new name Kendri
Gurdwara Prabandhak Board has been prescribed. (Section 17(2) and
156)
+
The rules for the management of the Gurdwaras will be made by the
Government. (Section 147 and 152)
+
The basic Sikh principle is of Puja Akal Ki, Parcha Shabad Ka, Didar
Khalsa Ka. But contrary to this the Act has declared the Gurdwaras
as a place of worship of Guru Granth Sahib. (Section 2zc(v))
8 August, 2007
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