Article 25 in The Constitution Of India 1949

Much discussed, for your information the actual text

Central Government ActArticle 25 in The Constitution Of India 1949

25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2)Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus

Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion

Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

The Tribune – Full religion status: Akali MP Ajnala writes to Law Minister

Aditi Tandon, Tribune News Service

New Delhi, September 7. Unable to introduce private member’s Bill for amendment of the Constitution to grant full religion status to Sikhism, Akali Dal MP Ratan Singh Ajnala today wrote to Law Minister Salman Khurshid.

Earlier, Lok Sabha Speaker had allowed Ajnala’s plea to move a private Bill seeking the an amendment to Article 25 of the Constitution which describes Sikh, Jain and Buddhist places of worship as part of Hindu places.

“Everyone is aware that the Sikh Dharma was established as a separate religion with its own code of conduct by Guru Gobind Singh in 1699. During the British rule in India, Sikhs were given separate seats. The Sikhs have been recognised as a separate minority under the National Minority Commission Act. A simple amendment to the Constitution’s Article 25 will serve the Sikh purpose,” Ajnala said in his letter to Khurshid.

Article 25 of the Constitution deals with the right to practice religion and says for the purpose of practicing religion, Hindus places of worship be construed to also mean Sikh, Buddhist and Jain.

Ajnala’s private member’s Bill was listed to be moved today but the Speaker adjourned the House sine die in the morning. A private member’s Bill has little hope of being passed unless the government adopts it and brings it as an official Bill.

The government had earlier converted a private member’s Bill on amendment to the Anand Karaj Act into its own Bill and passed it in the last Parliament session to enable Sikh couples to register their marriages separately under the Anand Karaj Amendment Act instead of the Hindu Marriage Act.

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The Tribune – Article 25 Amendment; SAD returns to Panthic agenda

Perneet Singh, Tribune News Service

Amritsar, August 24. With Shiromani Akali Dal MP Rattan Singh Ajnala moving a Bill in the Lok Sabha for an amendment in Article 25 of the Constitution that clubs Sikhs with Hindus, the ruling party in Punjab has taken another step towards fulfilling its Panthic agenda.

The agenda was kept on the backburner during the recent Assembly elections as the SAD (Shiromani Akali Dal) made development a poll issue. Political observers see it as a SAD bid to cater to its traditional Sikh vote bank that was virtually given a cold shoulder in the Vidhan Sabha poll. The SAD, in fact, projected itself as a secular party as fielded a sizable number of Hindu candidates.

Though the Bill will not bring the party any immediate electoral gains, it has its eyes on the 2014 Lok Sabha elections.

Also, if the Bill is tabled in the Lok Sabha, it will be a win-win situation for the SAD. If the Congress supports the Bill, the SAD will score a point and if it doesn’t, the SAD will get more ammunition to target the Congress during the Lok Sabha elections.

While moving the Bill, the SAD leadership, however, has given an impression that though it wants to push the issue forward, at the same time it wishes to keep away from it. Political pundits wonder as to how the Bill was introduced in the Lok Sabha at a time when both Chief Minister Parkash Singh Badal and Deputy Chief Minister Sukhbir Singh Badal were abroad.

Also the fact that Bathinda MP Harsimrat Kaur Badal, who always leads the charge in any debate on Sikh issues, didn’t move the Bill has taken many by surprise. It is being interpreted as a SAD attempt against upsetting its alliance partner BJP, which banks on Hindu votes.

Ajnala termed it as a step forward after the passage of Anand Marriage Amendment Bill 2012 in May this year. He said while the marriage Bill facilitated separate registration of Sikh marriages, the amendment in Article 25 will strengthen the distinct identity of Sikhs in the world.

SAD secretary Daljeet Singh Cheema, however, pooh-poohed the talk that the SAD leadership wanted to steer clear of the issue. He said Ajnala moved the Bill as the leader of their parliamentary group.

Former Rajya Sabha MP Tarlochan Singh said he had first moved the Bill for amendment in Article 25 in the Rajya Sabha way back in 2008 and it was listed thrice in the agenda, but never discussed. He said the amendment was a key demand of the Sikhs and the Congress MPs from Punjab should also extend their help in getting it passed.

Noted Sikh scholar Bhai Ashok Singh Bagarian said without the amendment in Article 25, even the separate marriage Act was meaningless.

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The Tribune – Demand grows for more amendments in Sikh marriage Act

Perneet Singh, Tribune News Service

Amritsar, May 25. Buoyant over passage of Anand Marriage Amendment Bill, 2012, in both houses of Parliament, a section of the Sikh community is now rooting for further amendments in the Anand Marriage Act 1909, while others are advocating amendment in Article 25 of the constitution that clubs Sikhs with Hindus.

Akal Takht to set up a panel to deliberate on the issue noted lawyer H S Phoolka has urged Akal Takht Jathedar Giani Gurbachan Singh to form a committee, which should seek opinion from the entire Sikh community and decide what more amendments could be made in the Anand Marriage Act. In a letter written to the Jathedar, Phoolka said, “Now that the amendment, facilitating registration of Sikh marriages under the Anand Marriage Act, has been passed by Parliament, it is the right time to evolve a consensus in the community on future amendments.”

He said the Sikh clergy should form a committee, which should decide whether a provision for divorce should be included in the Act or the community should demand a new marriage Act. Former Rajya Sabha MP Tarlochan Singh has also written to the Akal Takht and the SGPC to jointly form a committee to thoroughly discuss further amendments in the Anand Marriage Act.

Responding to their plea, the Jathedar said they will soon form a committee of Sikh intellectuals, which will deliberate on the issue, besides seeking views from all sections of the community. “We will decide on the future course of action once the panel submits its report,” he said. Apart from further amendments in the marriage Act, the demand for amendment in Article 25 of the Constitution, which clubs Sikhs with Hindus, is also raising its head.

Former SGPC secretary Manjeet Singh Calcutta has shot off a missive to Prime Minister Manmohan Singh in which he raised the issue of Article 25 while appreciating the passage of amendments in the Anand Marriage Act, 1909. In his letter, Calcutta said, “The misunderstanding of Sikh identity arises from Article 25 (b) of the Constitution, which clubs Sikhs, Buddhists and Jains under the term Hindu. The Venkatchaliya Commission constituted by the Centre for the revision of the Indian Constitution has also recommended exclusion of Sikhs from the term Hindu. The clubbing of the Sikhs with Hindus is extremely unjust, unethical and illogical since Sikh religion is an independent religion and not an offspring or branch of any other religion.” He urged the PM to rectify this wrong by passing a “simple amendment”.

All-India Sikh Students Federation chief Karnail Singh Peermohammed said that the amendment in Article 25 of the constitution is the only solution that will give Sikhs a separate identity.

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The Tribune – Sikh leaders hail Lok Sabha, Rajya Sabha nod to marriage Bill

Perneet Singh, Tribune News Service

Amritsar, May 22. With both the Lok Sabha and the Rajya Sabha passing the Anand Marriage Amendment Bill 2012, there is a sense of jubilation among the Sikhs. Talking to The Tribune, Akal Takht Jathedar Giani Gurbachan Singh said it is indeed a commendable achievement for which he thanked all the MPs who rose above the party lines to extend their support to the Bill.

He said it will help in establishing separate Sikh identity across the globe. SGPC Chief Avtar Singh Makkar said it is a matter of great happiness as it has been a long-pending demand of Sikhs. He said the move will facilitate registration of Sikh marriages under the Anand Marriage Act. SGPC Secretary Dalmegh Singh also hailed the nod given to the Bill by both the Houses of Parliament.

Former Rajya Sabha MP Tarlochan Singh, who played a significant role in it, said, “This is a historic day as the separate identity of the Sikhs has been recognized in India for the first time. As per the Act, the Sikhs will now get a Sikh Marriage Certificate. Earlier, they were getting a Hindu Marriage Act certificate. I moved this Bill in the parliament in 2007 and got the approval of the Parliamentary Standing Committee.”

DSGMC Chief Paramjit Singh Sarna said the Bill’s passage in the Rajya Sabha and subsequently in the Lok Sabha exhibits the sincerity of the Congress-led UPA government towards the Sikh issues. He lauded Prime Minister Dr Manmohan Singh who himself participated in the Rajya Sabha proceedings when the Bill was passed. He hoped that the government will soon resolve the other Sikh issues as well.

Former SGPC Secretary Manjeet Singh Calcutta said this is for the first time ever that the Sikhs don’t have to put up a “morcha” or resort to protest to get their demands accepted. He showered praises on former Rajya Sabha member Tarlochan Singh who led the RS members in support of the Bill. He said after the Anand Marriage Amendment Bill 2012 the next aim of Sikhs should be the amendment in Article 25-B of the Indian constitution. “The Sikh intellectuals and well-wishers who are concerned about maintaining separate Sikh identity should start making efforts in this direction after taking the consent of the Akal Takht,” he added.

Dal Khalsa leader Kanwar Pal Singh said though it is a positive step yet a partial relief, as Sikhs need a comprehensive personal law which should address all the issues related to their exclusive identity. He said it was a fact that the amendments made in the Anand Marriage Act-1909 were insufficient and did not fully resolve the identity crisis of the Sikhs. “Sikhs can’t afford to leave the social problem of divorce unaddressed,” he pointed out. He said the only solution to the identity crisis was abrogation of Article 25 (b) (2) of the constitution which clubs Sikhs with Hindus.

Dr Rajwant Singh, President of EcoSikh, has also welcomed the passage of the Bill in Parliament.

In Delhi, Tarlochan Singh, former chairman of the National Minorities Commission, welcomed the amendment to the Anand Marriage Act. “I had moved a private members Bill in 2007 which was approved by the standing committee of Parliament,” he said.

Tarlochan termed it as ‘historic day’ saying a separate identity for Sikhs has been recognised for the first time and thanked Prime Minister Manmohan Singh and Law Minister Salmaan Khurshid.

Delhi Sikh Gurdawara Management Committee chief Parmjit Singh Sarna thanked UPA chairperson Sonia Gandhi saying the nod to the Bill shows the seriousness of the UPA towards issues of the Sikhs.

Journey of the Bill

- The Bill was moved in the Rajya Sabha as a private member’s Bill by MP Tarlochan Singh in June 2007

- It aimed at amending the 1909 Act to provide for separate registration of Sikh marriages

- On August 29, 2011, the Centre decided to drop the proposal saying such a step will lead to similar demands from other communities

- On April 12, 2012, the Cabinet cleared the Bill to amend Anand Karaj Act 1909

- The Bill was introduced in the Parliament on May 7

- The Rajya Sabha passed it on Monday and the Lok Sabha passed it on Tuesday in record time

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The Tribune – Sikhs move a step closer to separate marriage law

Aditi Tandon, Tribune News Service

New Delhi, May 22. The Sikh dream of a separate register of marriages within the community is all set to be realised with Parliament today passing the long-pending amendment to the Anand Karaj Act 1909 that does not provide for such registrations. Once the President assents to the Bill, it will become a law, allowing the Centre to direct states to maintain separate registers of marriages for Sikhs and designate separate bodies to register such weddings.

A day after the Rajya Sabha unanimously passed the Anand Karaj Amendment Bill, 2012 (which inserts in the old Act a clause allowing registration of Sikh marriages solemnised under the ‘Anand Karaj’ ritual), the Lok Sabha also approved the draft legislation with a voice vote. The Cabinet had earlier cleared the legislation, which lacks a provision for divorce.

Law Minister Salman Khurshid described the passage of the Bill by the two Houses in a record time of two days as a significant step forward for the Sikhs. “This is a very significant step. I know we have delayed the Bill but I am happy we have passed it. The passage sends a symbolic message to all citizens of India that their aspirations would be regarded.”

Only last August, Khurshid had told Parliament that the Centre had decided to drop the proposal to allow a separate marriage registration law for Sikhs. He had justified the move saying it would trigger similar demands from other religions covered under the Hindu Marriage Act 1955. So far, Sikhs, Jains and Buddhists are required to register marriages under the Hindu law.

For the Sikhs, today’s move is just the beginning of a long struggle for separate personal laws. The only Sikh MP who raised this matter today was Congress Gurdaspur MP Partap Singh Bajwa. He demanded separate personal laws for Sikhs and said the current amendment would only lead to further complications.

“This is a technical amendment and is confined to marriage registration. It simply validates the Sikh ritual of ‘Anand Karaj’ and doesn’t provide for divorces. It won’t help NRIs. It will complicate matters as foreigners won’t be able to understand the meaning of Anand Karaj.

If the Centre is serious about helping Sikhs, it must enact separate personal laws for them. Such laws should cover marriages, divorces, maintenance and succession, adoption and guardianship issues. That would result in real benefit to the community,” Bajwa said. Hindus, Christians, Parsis and Muslims have their own personal laws, he added. The Tribune has been stating how the Anand Karaj Amendment Act is incomplete without a provision for divorce.

Bajwa apart, other Sikh MPs – starting from Akali Dal’s Harsimrat Badal, Sher Singh Gubaya and Paramjit Gulshan to Congress’ Ravneet Bittu – supported the amendment, calling it historic and saying that it would fulfill a long standing demand of the community.

The Akali Dal reiterated its demand of amendment to Article 25 of the Constitution that defines Sikhs as Hindus for the purposes of opening up places of worship to people from all communities. The Constitution Review Commissionset up during the NDA regime had recommended changes to the said Article that defines Sikhs, Buddhists and Jains as Hindus.

Akali Bathinda MP Harsimrat Badal, while initiating the debate on the Bill today, said, “For the Sikhs, separate identity is an emotional and religious issue. It is not political. This amendment will help 3 million NRI women who routinely face problems on account of lack of a separate law to register Sikh marriages. It will secure the Sikh identity to an extent. But it will remain incomplete until Article 25 of the Constitution is amended and Sikhs granted identity as a separate religion that it is.”

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