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Anand Marriage Act introduced by the Union Government for Sikhs in the Rajya Sabha on May 7 is not a complete marriage act

AMRIK SINGH | August 19, 2021 09:33 PM

AMRITSAR: Charanjit Singh Gumtala president of Amritsar Vikas Manch said that the Anand Marriage Act introduced by the Union Government for Sikhs in the Rajya Sabha on May 7 is not a complete marriage act as it is for Hindus, Christians and Muslims. It would not be an exaggeration to call it the Lame Marriage Act.

In a press release here today Mr Gumtala said that The bill is being framed in defiance of Sikh sentiments and the recommendations of the Venkatachalia Commission.

The Sikhs have long been demanding that Article 25 be amended. The Venkatachalia Commission also recommended the amendment in 2003. Article 25 of Part III of the Constitution gives religious freedom to every person. It has two clauses. There is no debate about the first time.

" The objection to Sikhs, Buddhists and Jains is related to the second clause and its interpretation. Clause 2 of Article 2 states that all places of worship of Hindus are open to all. There are two points in the interpretation of this law, he added.

He further said that the first interpretation states that wearing and carrying a kirpan is part of Sikhism, meaning that according to this interpretation the law gives Sikhs the freedom to wear and carry a kirpan, but the second explanation states that in Hinduism, Jenny is included, and so are her shrines. In this way, the section identifies Sikhs, Buddhists and Jains as part of the Hindu religion, while the whole world knows that Sikhs, Buddhists and Jains, like other religions, are independent religions.

Mr Gumtala said that This was the reason why the British had made a separate Anand Marriage Act 1909 for the Sikhs on 22 October 1909. At the time of drafting the constitution, different marriage acts and other laws should have been enacted for these three religions as were done for Christians, Hindus and Muslims. . Adherents of these three religions have from time to time opposed the subjugation of these three religions to Hinduism as an attack on the independent identity of minorities.

During the Dharam Yudh Morcha led by Sant Harchand Singh Longowal, Parkash Singh Badal burnt Article 25 of the Constitution at Gurdwara Bangla Sahib, Delhi on February 27, 1984 while Gurcharan Singh Tohra and other leaders burnt the same at Chandigarh on the same day. As per the agreement reached between Rajiv Gandhi and Gurcharan Singh Tohra, the government had accepted the demand in principle on March 30, 1984 but it was not implemented.

The Akalis did not include it in the Rajiv-Longowal agreement of July 24, 1985. When the Marriage Laws (Amendment) Bill was introduced in the Rajya Sabha in July 2003, Simranjit Singh Mann had strongly opposed the Bill. He demanded that the Anand Marriage Act, 1909 be reinstated and that Sikhs be excluded from the Hindu Marriage Act. He also demanded that the recommendations of the Venkatachalia Commission be implemented and separate laws be enacted for Sikhs like Hindus, Christians and Muslims. At that time, the NDA Government with Shiromani Akali Dal allies, Atal Behari Vajpayee as Prime Minister and Arun Kumar Jaitley as Law Minister. So if Badal wanted he could have resolved the issue by implementing the demands raised by Mann. It may be recalled that in the year 2000, the Government of India appointed Chief Justice M.N. A commission headed by Venkatachalia was constituted, which submitted its report to the then Prime Minister Atal Behari Vajpayee on March 31, 2002. It recommended that Interpretation No. 2 of Article 25 of the Constitution be abolished in which Sikhs, Buddhists and Jains were brought into Hinduism and Article 2, Clause 2 included the word Hindu along with the words Sikh, Jain and Buddhist. To be done. The commission had thus recommended equal status for Hindus, Sikhs, Buddhists and Jains, opening of places of worship for all religions and granting equal rights to all. Ten years later, the recommendations of the self-appointed commission by the Government of India have not been implemented. The current modification is limited to marriage registration. Now Sikh marriages will be under the Anand Marriage Act instead of the Hindu Marriage Act. Laws enacted for Hindus such as Hindu Marriage Act, 1955, Hindu Adoption Act, 1956, Hindu Minority and Guardianship Act, 1956, Hindu Undivided Family Tax Act, etc. UF) 1955, Hindu Succession Act 1956 etc.
Gumtala said that This means that in these cases they have to call themselves Hindus. Now that the Anand Marriage Act has been introduced in Parliament, the Shiromani Akali Dal has been given the upper hand by the BJP and the NDA. The NDA along with other allies of the NDA The Central Government should be urged to implement the recommendations of the Venkatachalia Commission constituted by the BJP.

They should demand that the above amendment be made in Article 25 and that the Sikh Marriage Act and other acts be passed like the Hindus so that the unique and independent existence of Sikhism can be restored. If that happens, it will pave the way for Buddhists and Jains to enact separate laws and be recognized as separate religions. This is a golden opportunity that Sikh leaders should not miss.

According to Mr Gumtala;Pakistan repealed the Anand Marriage Act of 1909 and passed a new Anand Marriage Act in 2008 in detail which has 32 sections as the law of 1909 did not meet the requirements of the present day. The Government of India should enact such a detailed law. Sikh scholar Gurtej Singh The BJP has sent a draft of the Sikh Marriage Act 2012 to its chairperson Sonia Gandhi and members of the Lok Sabha which has 32 sections. He elaborated on the definition and interpretation of Sikh, definition of Anand Karj, conditions of marriage, marriage registration, divorce, remarriage and the Marriage Act. He has put before him the laws of different countries and religions. He appealed for such a law to be passed in the current session. If Article 25 is amended and such a law is passed, it will be a milestone for the Sikh community.

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