Tuesday, November 13, 2012

Can Hindu law cover Sikhs, Jains, asks SC

NEW DELHI: If Sikhism, Jainism and Buddhism 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. 


with thanks : Times of India : LINK : for detailed news.

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