Within 24 hrs. govt. of India
Reading a statement in Rajya Sabha on behalf of Home Minister P. Chidambaram, Parliamentary Affairs Minister Pawan Kumar Bansal said the government had not withdrawn the notification.
Bansal said no one had briefed the advocate, Harbhagwan Singh? In particular, he had no authority to make the statement that the notification would be withdrawn.?
The answer given by Govt advocate Harbhagwan Singh ;
Saturday, 03 September 2011 01:21
I acted on Union Law Ministry's direction, claims Harbhagwan
In a major embarrassment to the Centre, former Advocate General of Punjab Harbhagwan Singh has claimed he had documents to prove that he was instructed by Union Law Ministry to inform the court that the Centre had decided to withdraw 2003 notification preventing Sehajdhari Sikhs from voting in SGPC polls.
Singh's clarification came hours after Parliamentary Affairs Minister Pawan Kumar Bansal told Parliament on behalf of the Home Ministry that the Centre had given no such instruction to be conveyed to the High Court.
Placing Bansal and Home Minister P Chidambaram in the dock, Singh said, "I have received a fax from the Ministry of Law and Justice to be the Centre's representative in the case," he said, adding, "I have all documents with me to prove my case."
Now assume yourself who is lying to nation? Is it not govt which lies in Parliament? If Harbhagwan singh misguided Court by telling a lie, why no action is taken against him? How the Court stopped proccedings on verbal information of the govt advocate? What does it show? Does it not prove that Indian judiciary works under influence of politicians and issue their verdicts under guidance of ruling party Congress in center? All this mockery be stopped and please do not interfere in our religious matters. We want to live peacefully and want others also live in peace though we have been betrayed in 1984 by you but please for the god’s sake, stop this nonsense and playing with sentiments of Indians specially with we Sikhs and other minorities.
Daljit singh writes: "First statement has proved that Harbhagwan has indeed made such a statement, without any authorization as claimed by Bansal. By this step it has been shown by the Congress to be on the side of the Patits, to draw a benefit in the next state elections in Punjab . This has already been proved that the statements as made in the Rajya Sabha & Lok Sabha are wrong, & that a motion of contempt of the both houses of Parliament can be moved. Now who will enquire, why the Court has accepted the verbal claim of Harbhagwan Singh, which is being in the denial mode, in both the houses of the Parliament.Does the Court functions like this. Why the Court has not asked the statement to be submitted on an affidavit. Also whether the Courts have functioned like this in the case of Davender Singh Bhullar, also??? If the PC Chidambaram & Bansal both say that Harbhagwan Singh is not authorised to represent the centre in this case, how come he was present in the Punjab & Haryana High Court, for this case.Can advocate General on its own acts like this. Who was the person who has given the Fax copy of the Law & Justice Ministry--Does that person was sent from some foreign Country. All this shows that Sikhs are being fooled around in the Parliament, Court & in the media--What can a Sikh call this attitude of the Central Government??? Can any one tell this, please??? 1. The Home Ministry had on Thursday evening received a report that Harbhagwan had appeared in the High Court in case relating to SGPC elections where he had made claim to represent the Central Government and said that the notification was being withdrawn by the Government following which the court passed order. 2. SAD Leader Sukhdev Singh Dhindsa and BJP Deputy leader SS Ahulwalia had given the notice for suspension of Question Hour in the Rajya Sabha and Harsimrat Kaur Badal and Sher Singh Ghubaya of SAD raising the matter in the Lok Sabha. 3. Bansal, who is MP from Chandigarh, said that though the Law Ministry had approved the engagement of Harbhagwan Singh in two-three cases in the High Court, neither it nor the Home Ministry had given him a “vakalatnama”. Also no one from the Government had briefed him about the issue, he said. 4. He also asked whether the Government is planning to take criminal or contempt proceedings against the lawyer who conducted such “fraud.’ 5. “Is the Government planning to proceed in this kind of a fraud which is being practiced where an unathorised person appears in the court and makes statement on behalf of the Government putting the whole State and inter community relations in turmoil,” he asked. 6. Chidambaram promised to inquire the matter to find out from the counsel under what circumstances he made the controversial statement. Though not subscribing “any malafide or motive” at this stage, he said that if it was found out that anything went wrong then, corrective action will be taken."
Punjab & Haryana High Court - Chandigarh.
Retaining hairs unshorn is a fundamental right of a Sikh.
In a surprising turn of events, the Centre today on 1st Sep 2011, withdrew the October 2003 notification debarring Sehajdhari Sikhs from exercising franchise in the Shiromani Gurdwara Parbandhak Committee elections.
SAD secretary general and MP Sukhdev Singh Dhindsa said the notification was issued after a joint meeting held under the chairmanship of then deputy prime minister L K Advani and attended by him (Dhindsa) as representative of Sikhs, the Union law minister, then Punjab CM Amarinder Singh, and representatives of Haryana, Himachal governments had unanimously debarred Sehajdhari Sikhs from voting for SGPC.
D S Cheema , secretary Shiromani Akali Dal told TOI, "This is complete misuse of position. The withdrawal of notification is a deliberate attempt by the central government to derail the election procedure which is in final phase. This is a criminal act by the Centre and goes to highlight insidious designs of the central government in putting a spanner in the SGPC poll procedure."
The Centre claimed the notification had been issued “without application of mind”. The strategic withdrawal came just 17 days prior to the SGPC elections. As a result, the right of the Sehajdhari Sikhs to vote stands restored and they may find themselves taking part in the forthcoming SGPC poll.
The development is significant as the elections may be postponed if the commission decides to
amend the electoral rolls to include the names of Sehajdhari Sikhs.
amend the electoral rolls to include the names of Sehajdhari Sikhs.
Is it not a mockery in itself that the Punjab and Haryana High Court which gave it's verdict earlier in 2009 by defining Sahijdhari and Patit Sikhs and allowed the Sahijdharis to vote but with the condition that they should be having unshorn hairs.
Even then they are not permitted to be nominated until they abide themselves to become Amritdhari.
Then why a new drama....?
Please see the earlier verdict by learnt Court.....
Gurleen Kaur v. State of Punjab
2009(3) R.C.R.(Civil) 324 : 2009(3) S.C.T. 165 : 2009(3) P.L.R. 324
Before :- J.S. Khehar, Jasbir Singh and Ajay Kumar Mittal, JJ.
C.W.P No. 14859 of 2008. D/d. 30.05.2009.
30.05. 2009.
C. Sikh Gurdwaras Act, 1925, Section 2(9), 2(10), 2(10A) and 11 - Delhi Sikh Gurdwara Act,1971, Section 2 - Meaning of the term "Sikh","Sehajdhari Sikh", "Keshadhari Sikh", "Amritdhari Sikh" and "Patit" - Held –
(1). A Sikh, essentially is a person who professes the Sikh religion - To determine, whether or not, a person professes the Sikh religion, it would have to be determined, whether or not, he abides by the "Sikh rehat-maryada".
(2). A "Sehajdhari Sikh" is essentially a "Keshadhari Sikh"(i.e who maintains his hair unshorn) - A Sehajdhari Sikh has to be Keshadhari.
(3). A "patit" is one who inter-alia "shaves his beard or keshas". A "patit" is not entitled to any benefit of office or authority under the Gurdwara Act of 1925.
(4). Retaining hair unshorn is an essential requirement for a Sikh to be entitled to claim the least of the rights referred to under the Act.
(5). According to Sikh rehat-maryada formulated by SGPC in 1945 unshorn hair not only is a mandate to a person who professes Sikhism, it is also a command to him to adopt the same practice for his child as well. [Para 45, 48, 57, 65, 66, 67 and 72]
D. Sikh Gurdwaras Act, 1925, Section 45 - Eligibility for election as a member of Board of Section, SGPC - Held –
A Sikh who is not a "Patit" i.e. a "keshadhari", has the right to be on the electoral rolls - As such, the right to vote, is only vested in a "keshadhari Sikh". - Despite being a "keshadhari", and as such, a "sehajdhari Sikh", a person cannot be elected to the Board of the SGPC unless he has proceeded to acquire the higher form as an "amritdhari Sikh" - A person cannot be nominated as a member of the Board, if he is a "patit" - He must, therefore, be a "keshadhari Sikh", and as such, must be satisfying the requirement of a "sehajdhari Sikh" even for being nominated to the Board of the S.G.P.C. - Meaning of word of "Patit" explained. [Para 46]
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.
Do we need to explain any thing else when the learnt Court itself has given the definition of a Sikh if you leave aside the Sikh Code of Conduct?
What a foolish statement that Center can take decision "Without the application of mind".
Now look at the Sehjdhari & Keshdhari:
<< Who is sahijdhari;
- A clean-shaven person who believes in Sikhism and its religious rituals,
- Does not use tobacco in any form
- Does not eat halal meat
- Knows the Mool Mantar (Ek Onkar, Satnam…)
- Does not consume alcohol
- Does not follow any other religion
<<<Who is a Keshdhari;
- Believes in all tenets of Sikhism
- Follows all rituals of the Sikh religion
- And follows all principals followed by Sehajdharis>>>
The above description indicates that to be Sehjdhari is easier than to be Keshdhari. For example, Sehjdhari just believes in Sikhism and religious rituals, which are mostly Hindu rituals and knows only Mool Mantar (not all the tenets of Sikhism and may not practice any).
On the other hand the Keshadhari believes in ALL THE TENETS OF SIKHISM AND FOLLOWS ALL THE PRINCIPLES OF SEHJDHARI.
Now the question is: Why would a person become Keshdhari?
Now I really understand that this time the Center has used her MIND to eliminate Keshdhari Sikhs by law.
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
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
WHAT IS ANAND KAARAJ ?
Anad Kaaraj was introduced by third Sikh Guru- Gur Amar Das ji, the four LAWAAN (hymns reciting during the marriage ceremony) were composed by his successor guru Ram Das ji.
The Anand Kaaraj is governed by the “Sikh Rahat Maryada” or Sikh Code of Conduct determined by the Shiromani Gurudwara Parbandhak Committee almost 65 years ago, according to which only those who follow the Sikh religion are permitted to marry under this ceremony.
It also states that the child marriage is invalid and that no account should be taken of the prospective spouse’s caste.
According to an edict passed by the Akal Takhat that Anand Kaaraj is to take place only in a Gurudwara and Guru Granth sahib ji must not be taken out to any other place for this purpose.
The Act’s salient features are:
All marriages which may be or may have been duly solemnized 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 solemnized 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
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.
Now let us analyse ourselves whether we have a right to set guidelines of our religion as we already have the orders of 10th Guru Gobind Singh ji of Sikh religion. In his charter of 52 commands safely kept at Hazoor Sahib, Nanded (Maharashtra-India). He orders his follower Sikhs as : --
46)- Dikhaawae da Sikh nahi bananaa - Do not become an outward show-off Sikh.
47)- Sikhi kesaa-suaasa sang nibhaaouni - Live and die as Keshadhaari Sikh with unshorn hairs.
Please see this blog for 52 orders of 10th Guru ji; http://52orders.blogspot.com/
The election of Shiromani Gurudwara Parbandhak Committee are cancelled today by Punjab & Haryana High Court whereas their earlier judgement is given above. How can the learned Court reverse it’s own previous judgement? Is it not a mockery with Sikhs in India
In fact we Sikhs do not need any external interference in our religious matters, whether it may be Court or the govt. No such interference is accepted to us. It seems the Congress govt has tried to burglery through back doors of judiciary. It has already been more than 27 years since we Sikhs suffered a massacre organized by this Congress govt. The victims still face harassment in Courts by appearing regularly and filing affidavits and suffering of Court expenses whereas the perpetrators of genocide (holocaust) move scot-free and protected by this same govt with National Security Guards without any national shame.
I am sure this judgement of High Court shall create major problems before we Sikhs but this venomous verdict of Sectarian overtone may help us to cure this epidemic decease forever.
Now the Indian is again on edge of conflict wth Sikhs. Just a day before Salman Khurshid, Minister of Home affirars denied the separate Anand Marriage act to be implemented in India
In fact we Sikhs do not have any constitutional identity in India. By birth we are Sikhs but through our Indian constitution which is forced upon us, we are declared as Keshadhari Hindus. After 64 years of transfer of power by British to Hindus we are still searching our identity so face injustice in India and are targeted of communal discrimination several times.
It's very strange excuse by Salman Khurshid to reject the demand of Sikhs. Does Article 44 not applicable on Muslims, Christians, etc to maintain uniform civil code? Sikh religion is a sovereign and distinct religion which do not depends on other faiths and fully capable to take care of it’s followers right from the birth of a child to his last rights after death and open the gates to salvation. Then why this Indian govt, it’s constitution try to submerge Sikh religion into manifolds of Hindu religion.
Even this case was heard in Nabha by then DC where some Hindus filed a petition to declare Sikhs as Hindus. The learned Magistrate gave the verdict and declared Sikh religion an independent religion. His historical remark is as follows;-
In 1898, when S. Kahan Singh ji of Nabha wrote the book,"HAM HINDU NAHIN" to answer the Hindu miscreants, he refers Sir Lepel Griffin, "The Sikhs had abandoned the Hindu faith, and with it the system of law which is the basis of that faith and which was inseperable from it. For a hundred and fifty years they had been governed, as far as chiefships were concerned, by another code altogether, and it was as reasonable for them to refer to Manu and the Shastra as the source of legal authority, as it would have been for Muhammadans, who had embraced Sikhism to appeal to the Sharia. (The Rajas of the Punjab P.338)
For more details on this issue whether Sikhs are Hindus or not, please see this blog : http://wesikhsnothindus.blogspot.com/
"to amend article 25 of the Indian Constitution to restore the independent status of Sikhism".
Prime Minister Manmohan Singh's government has refused to pass an act for registration of Sikh marriages while Muslims, Parsis, Christians and Jews of India already have separate acts for registration of their marriages, SFJ said.
The Indian "government's refusal to pass law forseparate registration of Sikh marriages
is yet another instant of discrimination based on religion towards Sikhs", it said. SFJ legal advisor Gurpatwant Singh Pannun alleged the demand and struggle of Sikhs to have Sikhism recognized as a separate religion has resulted in extreme repression by Indian government.
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