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Centre drops proposal for separate Sikh Marriage Act
Aditi Tandon/TNS

Tangle over law

n The Sikh community has long been seeking their own law for registration of marriages
n At present, marriages amongst the Sikhs, Hindus, Jains, Buddhists and other communities except Muslims, Christians, Parsis and Jews, are covered by the Hindu Marriage Act 1955
n The government justified the rejection of community's demand saying such seclusion would invite similar demands from others.

New Delhi, August 29
The government has decided to drop the proposal for a separate law covering marriages solemnised within the Sikh community. Dealing a major blow to the aspirations of Sikhs, who have long been fighting for amendments to the existing Anand Karaj (Marriage) Act of 1909 to convert it into a comprehensive legislation governing Sikh marriages, the Ministry of Law and Justice today said there was no justification for a separate law and it had decided to abandon the proposal for any such amendment.

The ruling Shiromani Akali Dal (SAD) in Punjab has been on the forefront of the demand for changes in the Anand Karaj Act and the party’s core committee on political affairs had last year called upon the Centre for expeditious enactment of the Anand Marriage Act for Sikhs along the lines of similar acts for other religions (covering Muslims, Christians, Parsis and Jews).

Speaking to The Tribune today, Sukhdev Singh Dhindsa, leader of the Akali Dal in the Rajya Sabha, said he was given to understand by former Law Minister Veerappa Moily that a draft Bill for Sikh Marriage Act was ready and would be sent for the Cabinet approval soon before being placed in the Parliament.

“I am surprised at today’s decision of the government. We will take up the matter with the Prime Minister again,” Dhindsa said.

It was on Dhindsa’s query about the status of the said law that Law Minister Salman Khursheed today informed the Parliament that after receiving several representations for amendment to the Anand Marriage Act, 1909 to provide for compulsory registration of Sikh marriages, the government had decided to drop the proposal.

At present, marriages amongst the Sikhs, Hindus, Jains, Buddhists and other communities except Muslims, Christians, Parsis and Jews, are covered by the Hindu Marriage Act 1955. Section 8 of the Hindu Marriage Act provides for registration of Hindu marriages; Section 2 of the Act covers Sikh marriages.

The government justified the rejection of Sikh demand saying such seclusion would invite similar demands from others. The Law Minister said in RS, “Since the scope of the Anand Marriage Act, 1909 is limited to marriage ceremonies amongst “anands”, the registration of all forms of Sikh marriages is not within its scope. Further, there may not be any justification for secluding Sikhs from the rest of the categories mentioned above as such a step would invite similar demands from other religious denominations covered under the Hindu Marriage Act. Also, seclusion of one community is against the directive principles contained in Article 44 of the Constitution which aims at bringing in a uniform civil code.”

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