Can Hindu law cover Sikhs, Jains, asks SC

New Delhi, November 13: If Sikhism, Jainism andBuddhism are separate and distinct religions, can followers of these faiths be bracketed as Hindus under the Constitution and be governed by Hindu personal law, the Supreme Court asked before issuing notice to the Centre and attorney general G E Vahanvati.

Sikh scholar Birendra Kaur in her petition questioned the constitutional and past legislative attempts to obliterate identities of separate faiths by recognizing them under the broad religious connotation of Hindus. She said this negated the constitutional guarantee to each individual to practise and propagate the religion of his/her choice.

'Kaur's petition an expression of frustration'

The Punjab and Haryana high court had dismissed with caustic observations a petition by Sikh scholar Birendra Kaur questioning the constitutional and past legislative attempts to obliterate identities of separate faiths by recognizing them under the broad religious connotation of Hindus, but an SC bench of Chief Justice Altamas Kabir and Justices S S Nijjar and J Chelameswar not only entertained her appeal but also framed the question for adjudication.

"This petition is seeking to express and make clear the frustration and disappointment of a large part of the Sikh community which feels its identity as Sikh is undermined by certain clauses and titles of certain statutes which club Sikhs under the definition of Hindu," senior advocate Colin Gonsalves argued.

The SC said, "Issue notice on the question as to whether the inclusion of people professing the Sikh, Jain or Buddhist faiths could be included in the enactments relating exclusively to persons professing the Hindu religion, within the ambit of Explanation II to Article 25(2) of the Constitution. Let notice be issued separately to the AG also, to be served both through the ministry of minority affairs as also through the central agency, returnable six weeks hence." However, the petitioners said a constitutional mischief arose through Explanation II, which said, "The reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly." The petition said making a law applicable to all religions was one thing but it would be discriminatory to refer different religions by the name of a religion.

The petitioner added, "The Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 and the Hindu Minority and Guardianship Act, 1956, use the word Hindu to include Sikhs, Buddhists, Jains and others, even though it is clarified that these are separate religions." Would it be acceptable if the name of the Hindu Marriage Act was changed to Buddhist Marriage Act and made applicable to all four religions, the petitioner asked.