Definition as per THE SIKH GURDWARAS ACT, 1925 [(9) "Sikh" means a person who professes the Sikh religion or, in the case of a deceased person, who professed the Sikh religion or was known to be a Sikh during his lifetime.*
If any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh according as he makes or refuses to make in such manner as the 1[State] Government may prescribe the following declaration: -
I solemnly affirm that I am a Sikh, that I believe in the Guru Granth Sahib, that I believe in the Ten Gurus, and that I have no other religion.]
[(10) "Amritdhari Sikh" means and includes every person who has taken Khande- ka-amrit or Khanda Pahul prepared and administered according to the tenets of Sikh religion and rites at the hands of five pyaras or 'beloved ones';]**
[(10-A) Sahjdhari Sikh' means a person- ***
(i) who performs ceremonies according to Sikh Rites;
(ii) who does not use tobacco or Kutha (Halal meat) in any form;
(iii) who is not a Patit; and
(iv) who can recite Mul Manter.]
[(11) "Patit" means a person who being a Keshadhari Sikh trims or shaves his beard or keshas or who after taking amrit commits any one or more of the four kurahits].****
| * | Clause 9 was substituted by Punjab Act III of 1930, section 2. The amendment shall be applicable to all claims, petitions and suits in which the recording of evidence has not been concluded before the tribunal at the commencement of this Act,- vide Punjab Act III of 1930, section 11. |
| ** | Inserted by Punjab Act XI of 1944, section 2 (b). |
| *** | Inserted by Punjab Act No. I of 1959, section 3 (4). |
| **** | Inserted by Punjab Act No. XI of 1944, section 2 (b). |
Qualification of Electors
[49.] Every person shall be entitled to have his name registered on the electoral roll of a constituency constituted for the election or a member or members of the Board who is a resident in that constituency and
- Omitted
- is a Sikh more than twenty-one years of age, who has had his name registered as a voter in such manner as may be prescribed: [Provided that no person shall be registered as an elector who-
- trims or shaves his beard or keshas 7[ [xxx ]
- smokes; and
- takes alcoholic drinks.]
Before amendment of the above-mentioned sections by the Central Government notification in 2003, these read, "..........no person shall be registered as an elector who (a) trims or shaves his beard or keshas except in case of sehjdhari Sikhs;" The amendment deleted words 'except in case of sehjdharis Sikhs'. It denied voting right to the persons not maintaining unshorn hair.
Firstly the coming in existence of Gurdwara Act and liberating the Gudwaras from Mahants was one of the greatest achievements of Sikh of 20th century. Most of Sikh do believe that there is not much of problem with the Sikh Gurdwara Act made by British Government. Although there are some concerns about all the evils and maladies of legislative and local bodies' election have become a part of Gurdwara elections as well. Also the interference and support of Govt machinery are two issues of conflicts.
The discussion on remedial measures to election process or choice of members or a complete different system of election and reform to structures is subject of research in other paper. Also there is an All India Gurdwara Act written by eminent Sikh Scholars and have different concerns by various organisations.
Assuming till alternative method is devised election has been the necessary evil and one of the core issue has been the definition of Sikh and conditions for it be electorate/elected. The other concerns are interference of Govt agencies and by RSS in particular. Complete hijacking of management is another concern some what linked to the definition. The analysis of above definition requires both analytically and historically. Then there are issues of practicability of verifying the conditions.
All the clauses in definition were included from time to time as problems arise or with change of society and circumstances. It means that in original Act definition of a Sikh was not included as may not be felt necessity or overlooked.
The first inclusion of 1930 immediately after the Act was of just giving an affidavit as sufficient condition. This represents basically the honesty of society and fear (treated as faith) of Judicial System of British in India . The second inclusion of 1944 of Patit refer to both Keshdari and Amritdari Sikh and treat them at par.
These four tabooed practices as listed in the Sikh Reht Maryada, approved by the Akal Takht and the SGPC, are- i) dishonouring of hair from any part of body; ii) use of Kutha (halal meat), i.e., eating meat of an animal which had been slaughtered (in the Muslim way) by being bled to death; iii) co-habiting with a person other than his/her spouse; and iv) use of tobacco in any form.
The definition of 'Patit' in the Act applies all the four prohibitions to the Amritdhari Sikhs, only one prohibition of dishonoring the keshas to the (non-amritdhari) Keshadharis and none to the Sikhs falling outside both these categories. Does it imply that a) non-keshadharis do not become 'Patit' at all or b) the persons with shorn hair are already 'Patit'? The later meaning seems to be adopted by the Punjab and Haryana High Court in Gurleen Kaur case22 when it observed that a collective reading of sub-sections (9) to (11) of section 2 of the Act shows that "To be termed as a Sikh, one must adhere to the tenet of keeping one's hair uncut. In the absence of adherence of instant tenet, the individual would fall within the term defined as 'Patit' as he/she does not maintain his/her hair unshorn."
One thing is absolutely clear that Patit is not a Sehajdari Sikh as explicitly said in this definition of Sehajdari.
Also for voting rights the additional restriction on alcohol is not there while deciding Patit.
As all other aspects are difficult to verify other than unshorn hairs than the amendment was basically meant to restrict the voting rights to Sikh who do not trims or shaves his beard or keshas.
Without amendment anybody can claim Sehajdari and can affect or hijack the election process. Other safeguard is the resident of that area.
With large scale migration in an ever populous country does it hypothetically possible that migrants by vested interest organisation keep hairs and influence the election process or hijack it chances are rare. Other possibility is of making use of local non Sikh population falsely claiming Sehajdari.
But the other possibility of interference is the electoral dependency for assembly and Parliamentary elections of Political parties participating these Gurdwara election on right wing Hindu organisations like BJP (RSS) which are likely to influence the decisions. This is what is happening presently and is source of large scale resentment among Sikhs.
But the amendment has been struck down by the High Court for following wrong amending procedure. Appeal is pending in the Supreme Court. Without waiting for the decision of the highest court in appeal, it will be better to approach, convince and compel the Parliament of India to rectify the procedural wrong pointed out by the High Court by replacing the notification with an amending Act as per proposal in end.
Pros and Cons of Present Stand: So the present day after incidents of 1984 and that era the relevance of Sehajdari under process of conversion has almost as nonexistent entity and is likely to be misused by right wing Hindu organisations (BJP/RSS) is the biggest concern of Sikh in influencing/hijacking Gurdwara elections. The second concern is influence of right wing Hindu organisations(BJP/RSS) through their political alliances(Badals) dependent on them for keeping power for forcing religious decisions detrimental to interests of Sikh. This fear has been further alleviated with very aggressive posture of RSS and being in power with almost demolition of principal opposition congress.
On the other hand middle class which rarely votes even his vote delivered at door step for Assembly and Parliamentary elections is least likely to take pain to make his vote for Gurdwaras election requiring one to go to authorities and complete formalities for getting registered. So if these aspects are explained to middle class which is staunch Sikh from generations but denied rights of voting for the prevailing circumstances it will not be an issue. But this will badly hurt interest of Sikh as community and Sikhi which is far more important than SGPC elections. It seems to be the reason that SGPC was trapped by NDA in making the amendment. Now SGPC President Makkar has himself accepted that he is confused as for concerns of SGPC election he has put Sikh community respect and interest at stake and unable to find solution.
There has been partial attempts at clarification as done by SGPC recently in a mature way that Sehajdhari Sikh includes people born in a Sikh family but not adhering to Sikh way of life and symbols. They should recite moolamantra path and abstain from liquor, cigar and halal meat, as Makkar said.
Cause of the Confusion of SGPC
The cause of confusion created is that the SGPC is trying to amend the historically evolved definition of Sikh in Sikh Gurdwara Act amended from time to time due to that time prevailing circumstances by just making some addition or deletion.
The correct course would have been to rewrite the two sections one dealing with definition of Sikh and one dealing with conditions for voting rights and conditions for right to be elected.
Proposed Solution
For The Definition Part : It should have simple categories Sikh, Amritdhari Sikh and tobacoo is absolutely banned should have been the emphasised condition for all.
For Voting Rights: The rights be to a Sikh (with added condition of not consuming liquor in eligibility clause for to be elected as member only) and Amritdhari Sikh with mandatory to be Sikh from three generations be the norm for electorate and to be elected.
Definition of Patit be limited to Kurahits by Amrtdhari or use tobacoo by any Sikh.
The definition should adhere to what is universally accepted by the community in present times and any distortion will greatly harm interest of Sikh. Also definition should elaborate only as much required by the Act for election purposes.
SGPC President Makkar has honestly claimed that he is himself confused and let all Sikh help arrive at the decision that will put to rest all controversies among Sikh globally.
Proposed Definition after amendment in THE SIKH GURDWARAS ACT, 1925
[(9) "Sikh" means a person who professes the Sikh religion or, in the case of a deceased person, who professed the Sikh religion or was known to be a Sikh during his lifetime.
(a) Believe in the Guru Granth Sahib,
(b) Believe in the Ten Gurus,
(c) Have no other religion.
[(10) "Amritdhari Sikh" means and includes every person who has taken Khande- ka-amrit or Khanda Pahul prepared and administered according to the tenets of Sikh religion and rites at the hands of five pyaras or 'beloved ones';]
[(11) "Patit" means a person who being a Sikh consume tobacoo or who after taking amrit commits any one or more of the four kurahits].
Qualification of Electors
[49.] Every person shall be entitled to have his name registered on the electoral roll of a constituency constituted for the election or a member or members of the Board who is a resident in that constituency and
(i) Not a patit
(ii) is a Sikh from three Generations and is more than twenty-one years of age, who has had his name registered as a voter in such manner as may be prescribed:
Additional Qualification to be Elected Member
[Provided that no person shall be allowed to stand for elected member who-
(a) trims or shaves his beard or keshas
(c) takes alcoholic drinks.]