Stunning blow to Sikh Aspirations -Sikh Marriage Act

The Sikhs had long been fighting for amendments to the Anand Karaj (Marriage) Act to convert it into a legislation governing their marriages. But the Centre’s decision to drop the proposal has dealt a blow to their aspirations. Perneet Singh takes an in-depth look into the issue 

Sikh leaders and scholars have reacted strongly to the Centre’s decision to drop the proposal for a Sikh Marriage Act, a major demand of the Sikhs since decades. 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 in 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, Sri Guru Granth Sahib is the witness.
A Sikh couple walks around the Holy Granth to the recitation of four hymns, known as "lawaan". A Hindu couple takes seven “pheras” around the Agni.
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 ANAND KARAJ
Anand Karaj was introduced by third Sikh guru, Guru Amar Das. The four “lawaan” (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 bride or groom or any other place where Guru Granth Sahib has been installed
However, it must be ensured that the Holy Granth is installed following the proper procedure
According to an 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


read more:http://www.tribuneindia.com/2011/20110831/punjab.htm#3