INTRODUCTION:
India is a diverse place with 28 states and 8 union territories, each having its own cultures, religions, and traditions. What’s cool is that these places don’t just differ in major aspects of life like language and tradition, but also in lots of minor ways influenced by religions and cultures, making the whole lifestyle of different regions unique and super diverse. In this diverse cultural and religious landscape, there’s a unique connection between tradition and law in India. Everywhere you go in the country, how tradition and law work together is different. Many religions are continuously trying to make their old customs fit into today’s laws, and it’s not easy.
A lot of changes happened in personal laws; some of these old practices, such as sati and child marriages, are now outdated and not allowed, which means that they are illegal. But even with these changes, many religious practices are stillin practice such as polygamy and such, making us think and question about things like equality and freedom. In the middle of all this ongoing struggle and the dramatic dance of tradition and law of several religions, Sikhism stands out as a modern way of thinking. It smoothly blends its principles with today’s laws. Sikhism isn’t just a religion but a way of thinking known for its modern ideas. Sikhism is all about treating everyone equally, and it’s pretty flexible. While some Sikh customs might seem strict, but it isn’t obligatory, showing how flexible and modern the religion Sikhism is.
SIKHISM:
Sikhism is a monotheistic and panentheistic religion and philosophy that advocates for equality in every aspect of human life[1]. The Sikh religion is also known as one of the youngest world religions. Sikhism was founded more than 500 years ago (1469) in Punjab, North India, by Guru Nanak Dev Ji[2]. Sikhism is the world’s fifth-largest religion, emphasizing principles of equality, social justice, service to humanity, and tolerance for other religions. The essential message of Sikhism is spiritual devotion and reverence for God at all times, while practicing the ideals of honesty, compassion, humility, and generosity in everyday life. A person who follows Sikhism is called a ‘Sikh,’ meaning a ‘learner’ or ‘seeker of truth’[3]. Sikhs believe in ‘Ik Onkar,’ signifying the ‘oneness of God’ or the ‘one Immortal being.’ Male Sikhs usually use ‘Singh,’ meaning lion, and females use ‘Kaur,’ meaning princess, as their last name. Worldwide, there are almost 25 million Sikhs, with 80% residing in India, as the Punjab region is the historic Sikh homeland. The ten gurus of Sikhs have shown the way of life in the darkness of this world. The ‘Guru Granth Sahib’ is considered the holy scripture of Sikhism.[4]
ANALYSIS OF CULTURAL AND LEGAL ASPECTS OF SIKHISM:
India follows common law principles[5], and before the independence struggle, debates and calls for reform in personal laws had already begun. Even after more than 75 years since India gained independence, there is still an ongoing struggle with personal laws, indicating a continued need for reforms. Sikhism, as a modern religion, aligns better with the current personal laws in India for Sikhs than any other religion with its personal laws. Although Sikhs do not have their separate personal laws, except for marriage, they are governed under the Hindu Personal laws, showcasing how seamlessly they fit under the umbrella of Hindu Personal laws.
For marriage, Sikhs have the Anand Marriage Act, 1909[6], also known as the Sikh Marriage Act. This act recognizes and legalizes marriages performed through the Anand Karaj ceremony, a religious ceremony meaning ‘Blissful Union.’ This ceremony is considered holy and rooted in the teachings of Guru Amar Das and Guru Ram Das. In this ceremony, the Guru Granth Sahib is kept in the centre, and the couple circles around it four times guided by Laavan hymns[7]. In 1909, only recognition was given, and no registration procedure was laid down. However, after struggles and attempts from the Sikh community, in 2012, the parliament passed an amendment to the Anand Marriage Act, 1909, leading to a full-fledged act with registration requirements. Even after more than 10 years, many states have failed to implement the amendment, as the power to draft registration procedures was vested in the states. To date, states like Maharashtra are forcing their Sikh citizens to register their marriages under the Hindu Marriage Act, 1955[8], considered a secular law and said to be a copy of English law. Once again, the Anand Karaj Ceremony can be performed under the Hindu Marriage Act, 1955 and registered as per the laid-down procedure. Even the Special Marriage Act, 1954[9] has many similarities with HMA, so for marriage in Sikhism, there is no practice that goes against the laws, striking a balance between the law and tradition.
As Guru Nanak Dev Ji used to advocate for equality, Sikhism has its foundation in equality, treating men and women alike[10]. There is no differentiation between them, and instead of dividing people based on gender, Sikhism advocates for individual capabilities to coexist in society. This equality exits in every institution of society, from the workplace to the family. As tradition supports equality, similarly, the law, specifically the Hindu Succession Act, 1956[11] which applies to Sikhs as well, also advocates for equality. It promotes equal succession between mother, widow, daughter (married or unmarried), and son of the family, making both genders equal heirs of their descendant’s property. In Sikhism, brothers and sisters are considered equal throughout the history, unlike other religions that continuously strive to strike a balance between law and tradition. Once again, the balance between Sikhism and modern laws appears to be better.
In older days, adoption was seen as sacred in several cultures. Adoption is a worldwide practice used to help orphans and those in need. It is also recognized and legalized under the law to prevent the misuse of adoption rights. Sikhs have been practicing adoption for many years, and their beliefs related to adoption align with modern personal laws. Unlike some other religions and cultures, Sikhism doesn’t promote any ritual or ceremony where the adopted son has to perform ceremonies for the adoptive parents. Sikhism doesn’t demand salvation from the adoptive son, making it more secular and modern. One prominent aspect is that Sikhism advocates for equality between males and females, signifying the adoption of female children and allowing women to adopt a child, which is a significant facet of Sikhism. The Hindu Adoption and Maintenance Act, 1956[12], is religious by name only. It is very secular in nature, allowing both males and females, whether single or married, to adopt a child if they are sound-minded. Even widows can adopt, irrespective of the background of the children being adopted. This aligns clearly with the ideas of Sikhism.
However, as Sikhism has many positive aspects, it also has some negative aspects, such as the absence of details regarding the queer community in Sikh scriptures. This absence makes it confusing for practitioners to decide on their stance. Some Sikhs argue that since it is not mentioned in the scriptures, Sikhs should not entertain this, while others believe that, regardless of background, Sikhs should focus on equality, supporting acceptance of the queer community.
Another negative aspect is that, while the law allows Sikhs to seek divorce under the Hindu Marriage Act and the Special Marriage Act, Sikhism views divorce as a sin. This makes it challenging for couples who wish to separate religiously, as it goes against the teachings of the Gurus. A true Sikhism practitioner may find it difficult, as it presents a tricky situation. Different people hold varying opinions on this matter. Despite these negative points, the fact that Sikhism is modern in nature remains unchanged, and its compatibility with current personal laws is truly amazing.
CONCLUSION:
The dance between tradition and law in India remains as interesting as ever, and perhaps there is a need for reform in the current laws. However, Sikhism stands out as the winner in this dance competition of tradition and law. There is a saying that Sikhism has embraced positive aspects from major religions like Hinduism, Islam, and Christianity while disregarding the negatives. Sikhism is truly an amazing, beautiful, and peaceful religion that aligns with the values of modern personal laws, making it even more remarkable. While there is a need for some reforms in Sikh personal laws, particularly in areas like divorce and issues related to the queer community, a Uniform Civil Code (UCC) could bring a positive turn to the dramatic dance of tradition and law in India. UCC has the potential to bring uniformity and simplicity for every religion, including Sikhs. In the end, it depends on time to determine whether the UCC will address these issues or not.
Author(s) Name: Abdul Ahad Shaikh (Rizvi Law College, Mumbai University)
Reference(s):
[1] ‘Sikhism at a Glance’, (bbc.com, 2009-09-24)
<https://www.bbc.co.uk/religion/religions/sikhism/ataglance/glance.shtml> accessed 10th February, 2024
[2]William Hewat McLeod, ‘Sikhism’, (Encyclopedia Britannica, 25 January 2024)
<https://www.britannica.com/topic/Sikhism> accessed 10thFebruary, 2024
[3] Northern Territory Government, ‘Religious Fact Sheet – Sikhism’,(Department of Territory Families, Housing and Communities, produced by the Office of Multicultural Affairs)
<https://tfhc.nt.gov.au/__data/assets/pdf_file/0017/252224/nt-sikhism-fact-sheet> accessed 10th February, 2024
[4]Abdul Ahad Shaikh, ‘Sikh Customary Practices in Family Matters: Balancing Tradition and Law’, (aishwaryasandeep.in, January 6, 2024) <https://aishwaryasandeep.in/sikh-customary-practices-in-family-matters-balancing-tradition-and-law/> accessed 10th February, 2024
[5] Raghav Nagar, ‘What is common law? Does it apply in India?’ (Blog IP Leader, April 23, 2015)
<https://blog.ipleaders.in/common-law-apply-india/> accessed 10 February
[6]Anand Marriage Act, 1909
[7]Abdul Ahad Shaikh, ‘Legal Aspect of Sikh Marriage Registration’, (aishwaryasandeep.in, December 27, 2023) <https://aishwaryasandeep.in/legal-aspect-of-sikh-marriage-registration/> accessed 10th February 2024
[8] Hindu Marriage Act, 1955
[9] Special Marriage Act, 1954
[10]Innara Gull, ‘Guru Nanak Dev’s Teachings and Women’s Equality: A Contemporary Study’,
(jetir.org, April 2019) <https://www.jetir.org/papers/JETIR1904D04.pdf> accessed 10 February 2024
[11]Hindu Succession Act, 1956
[12] Hindu Adoption and Maintenance Act, 1956
