Memo Seeks Amendement of Article 25

[nonihal singh]

Memo seeks amendment to Art. 25

Wants word ?Sikh? deleted

From Varinder Walia

Tribune News Service

AMRITSAR, Dec 17 ? Activists of Akal Purkh Ki Fauj led by Mr Jaswinder Singh Advocate, member of the SGPC, today presented a memorandum to Justice M.N. Venkatachalliah, former Chief Justice and Chairman, National Commission to Review Constitution (NCRC), during his visit to the Golden Temple here, urging him to delete the word ?Sikh? from Article 25 which equates the Sikhs with Hindus, Jains and Buddhists.

The ruling Shiromani Akali Dal led by Mr Parkash Singh Badal had already submitted proposals to the commission on this issue. It is pertinent to mention here that during the ?dharm yudh morcha? by the SAD in the early eighties, Akali activists led by Mr Badal had torn copies of Article 25.

The proposals presented by the ruling SAD to Justice Venkatachalliah reads: ?Under Explanation II to Article 25, the Sikhs have been clubbed with Hindus, Jains and Buddhists for the purpose of Clause (two) (B). This gives a wrong impression regarding the independent identity of the Sikhs and the nature of their institutions. The sovereign doctrinal identity of Sikhs which distinguishes them from Hinduism, has been affected by this provision and a question mark has been put on its independent status as a religion in the comity of religions of the world.

The Akal Purkh Ki Fauj has pleaded that Sikhism has been wrongly categorised in Article 25.

After the Sikh conclave at Akal Takht on May 14, Jathedar Joginder

Singh Vedanti had directed the ruling Shiromani Akali Dal to represent the case of the Panth in the NCRC. The Jathedar, Akal Takht, had categorically stated that the Sikhs had a distinct identity.

However, the memorandum of the Akal Purkh Ki Fauj presented to Justice Venkatachalliah states that the Sikhs are ?culturally wedded to secular thinking and universal brotherhood.? However, the Sikhs have been raising a minor objection to Article 25, but their long-standing demand has not been accepted so far.

[nonihal singh]

Article 25 in Indian Constitution against Sikhs to be reviewed at Parliament of World's Religions in Cape Town, South Africa

From: http://sikhpress.8m.com/release.htm

Email: sikhpress@hotmail.com

July 31, 1999

Press Release

By Irvinderpal Singh Babra Editor & Publisher Sikh Press

Article 25 in Indian Constitution against Sikhs to be reviewed at Parliament of World's Religions in Cape Town, South Africa

The Article 25 in the Indian Constitution continues to regard Sikhs as Hindus under the Hindu Minority and Succession Act framed in 1956 and goes further to govern them by the Hindu Marriage Act of 1955, Hindu Adoption, Maintenance and Succession  Act will be reviewed,  assessed  and likely to be axed at the Parliament of World's Religions in Cape Town, South Africa, from December 1-8, 1999.

Early in February this year, the same Article's section was found against Indian women and had recognized and granted equal guardianship to a child's mother with the father under the Indian law. In a landmark judgment the Indian judiciary  outlawed the discriminatory practice and said, "Be it noted that gender equality is one of the basic principles of our Constitution and India is a primary signatory to the Convention on the Elimination of all forms of Discrimination Against Women." This was not done earlier and was challenged by Gita Hariharan, an

outstanding Indian writer in English language, and her husband ,  who finally won on February 18, 1999. The law governing India's majority Hindus had so far identified the Indian father ahead of the mother as natural guardian in the case of minor boys and unmarried girls. The Hariharan couple wanted to register bonds in the name of their teenage son but India's central bank, Reserve Bank of India, refused to accept their application because it was not signed by the father. They fought their way up by a petition and challenged the Act right up to the Supreme Court of India, which gave the ruling in their favor.

The same Article and  Hindu laws are applied on Sikhs and govern them in secular India. Sikhs are recognized as Hindus, along with the minorities, ever since the independence in 1947, and this stand has not changed for over 50 years.  This is clearly discriminatory and against the Sikh religion, identity and image in the world. All the earlier protests by Sikhs for amendment had been ignored, rejected or gone in oblivion in India,  and this creates a new opportunity for a new appeal and petition against the Article 25 now.  And with my selection  as an accredited journalist,  I will be traveling to Cape Town and would be presenting the petition with  our efforts at Sikh Press for nine years.  Sikh Press is the only English newspaper of Sikhs today and I consider the Parliament is the right platform for discussion and internationalize the matter. I had also attended the Parliament in Chicago in 1993 and received a fine support from many Sikhs and non-Sikhs.

Nearly 10000  people from world's  religions,  adherents from eminent to ordinary positions will be gathering in Cape Town for the Millennium Convention  focusing on a new era of inter-religious encounter and cooperation. Our petition is further encouraged and empowered by the Indian judiciary's decision  and will be presented and discussed in a new light and deta

ils.

The summary of our petition is that the Article 25 is wrong and false, that it must be amended or abolished and that a new Act be made to regard Sikhs as Sikhs in India. The matter will be truly discussed and internationalized at Parliament of the World's Religions and successful outcome would emerge. Further support is needed in this direction from all. Call me at Sikh Press for any further details.  Telephone 905-673-1387, fax 905-673-9461, Toronto,  Canada.

Copyright ©1999 Sikh Press Ltd. 

[nonihal singh]

http://alfa.nic.in/lsdeb/ls10/ses3/1511059203.htm )

MR. CHAIRMAN: If there is any objectionable thing, I will expunge it...... but not like this.

(Interruptions)

SHRI DIGVIJAYA SINGH: Would the VHP accept the Muslims as a Member of their organisation? They will not. So, when they do not .... (Interruptions)

This is what I am saying. The definition as propounded by Shri Lal K. Advani on the floor of this House differs vastly from the understanding and the meaning of Hindu by the workers of the BJP and the VHP. This is what I say the real example of double standard as practised by the BJP.

Today, in Madhya Pradesh the Muslims are being persceuted; they are being harassed. The Christians are being persecuted and harassed.

They have lost their right of civil liberty (Interruptions)

[Translation]

SHRI LAXMINARAYAN PANDEYA (Mandsaur):How did you come to remember Madhya Pradesh? You don't seem to remember anything else.....

(Interruptions)

[English]

SHRI DIGVIJAYA SINGH: I have got

for Minorities Bill 112

specific instances where senior officers have been punished on flimsy grounds. (Interruptions)

MR. CHAIRMAN: Order, please, You are a senior Member.

(Interruptions)

[Translation]

MR. CHAIRMAN: If you utter anything objectionable, It would be expunged from the proceedings.... (Interruptions)

[English]

SHRI DIGVIJAYA SINGH: In all the ,States ruled by the BJP, In Rajasthan, 200 Muslims were detained under TADA.

[Translation]

SHRI MADAN LAL KHUR

ANA: Mr. Chairman, Sir, it is wrong to allege that in Madhya Pradesh Government Muslim community alone It is being prosecuted .... (Interruptions)

SHRI DIGVIJAYA SINGH (Rajgarh): I am making this allegation with full responsibility.....(Interruptions)......

SHRI MADAN LAL KHURANA: If I charge that Hindus are being

massacred in Kerala, would he dare to talk In such away?

[English]

SHRI DIGVIJAYA SINGH: I totally agree with you on this point.

This Bill should have included the State of Jammu & Kashmir. I have always held that the special status enjoyed by Jammu and Kashmir has to be respected. But at the same time, this Bill and the Protection of Places of Worship Bill, I demanded, at that time also, that Jammu and Kashmir should have been brought under

113 National Commission

the ambit of this Bill. There, the Hindus are in the minority. And by excluding that State, we are giving to BJP a handle to defame this kind of a Bill. That is why, I would urge upon the hon. Minister to seek the clearance of the J & K Government and include that State under this Bill.

Hon. Advaniji was saying that theocracy was rejected in 1947.

But what really is he propounding? He is propounding the creating of a theocratic State in this country. That is what he stands for and that is what his party stands for. Sir. this is what I say. Shri Advani, in Lok Sabha is quite different too Shri Advani, in Lok Sabha is quite different to Shri Advani,in Lok Sabha is quite different to Shri Advani on the streets of this country. This is what I call as double standards of BJP and Shri Advani. He says one thing on the floor of the House and says quite opposite thing on the streets of this country. His inflammatory speeches, they inflame communal passions in this country. It is because of the very behaviour of the BJP and their die-hard communalists. the minorities deserve special protection. And this is what this Government has done.

(Interruptions)

Pleas

e do not worry about my coming here, because I fought tooth and nail and won this election. I have never come to this House with you blessings. Let me make it very clear. (Interruptions) Up till now, it was the BJP which has won and I defeated your RSS leader.

This Government needs the congratulations. They have not only fulfilled our election promise but they have given dynamic power to a toothless Minority Commission which really could not look after the interests of the minorities in this country. (Interruptions) MR. CHAIRMAN: You do whatever you want when you can speak. But not like this.

(Interruptions)

MR. CHAIRMAN: It he yields then early

for Minorities Bill 114

you can speak. But he is not yielding, Then why are you disturbing ?

(Interruptions)

[Translation]

SHRI LAKSHMI NARAIN MANI TRIPATHI: Let you first say who is Hindu, what is the definiton of a Hindu? (Interruptions)

PROF. RASA SINGH RAWAT (Ajmer): Mr. Chairman, Sir, this is a sensitive Issue. I would, therefore, request the hon. Member or think before he speaks, so that no tension is generated in the society. Dangerous situations are being created by leveling allegations and counter allegations. That is my submission to you.

(Interruptions)

[English]

SHRI DIGVIJAYA SINGH: Sir, we stand for communal harmony and not for communal division as you people want. The credentials of this Government as a secular Government and as a protector of minorites stands vindicated by bringing in this Bill. I have a slight grievance on one point'. The power to Inquire into specific complaints which was requested by the Minorities Commission, was requested under the Esquire Commission Act. But unfortunately, the provisions of the Inquiry Commission Act which were made for the SC/ST Commission have not been made for this specific Bill. The provisions have been made as that of a Civil suit. Sir, you would agree with me that such complaints as brought forward to the Minorit

ies Commissioned summary disposal. Therefore, the provision for inquiry into the complaints should be made; the Minorities Commission should be armed with the specific provision, as is given in the Inquiries Act, instead of the Civil Suit Act. This is one lacuna which should be put straight.

The other thing is about the term of the Chairman which has been restricted to three years which I think, is not correct. We have kept the term of the Chairman as three to five years for ST/ST Commission.

Therefore, for

115 National Commission

[sh. Digvijaya Singh]

the Minorities Commission also, the term of the Chairman should be three to live years. The Minorities Commission has not been empowered with the specific powers to investigate and prosecute all suit offenders who have prosecuted the minorities, who have taken the double standard as far as dealing with the minorities are concerned.

In other countries also, there are Minorities Commission. There is a Commission on Racial Equality in UK also. These Commissions have also got the powers to prosecute, to investigate also. These powers should also be given to the Minorities Commission which is very necessary. Summons maybe disobeyed, as it is done in most of the cases. I know of a number of cases. The complaints were field with the Minorities Commission here in Delhi, because we could no do it in the Madhya Pradesh State, since the Minorities Commission has been disbanded there. For a number of complaints, the summons have been disobeyed. They have not been answered. That is why, there should be a specific provision for levying penalties tin all such persons who do not respond to the quaries of the Minorities Commission. So, such special powers have to be given; and more teeth have to be given to the Minorities Commission to make it more effective and more meaningful.

The terms which were notified in the 1978 Resolution were much wider that what is given in the Minorities Commission. The programmes, policies and the

laws being inactive, how will they affect the minorities of this country? So, the Minorities Commission should be given the powers or review all such policies and laws so that they could advise and suggest remedial action to the Government.

As I have already told you, there are a

for Minorities Bill 116

number of instances, specifically in the State of Madhya Pradesh to which State I belong to and I have seen a number of communal dots.

The people Involved in the communal riots were given curfew passes by the local administration. Persons involved in the communal arson and loot were sitting in the police stations and guiding the police to arrest the people from the minorities communities.

One more instance I would like to narrate. In the home town of the Chief Minister of Madhya Pradesh, the Government of Madhya Pradesh in its notification had notified about 3600 feet of land on which the Mosque was constructed. It was a Government notification; it was a Wakf property. But the Government of Madhya Pradesh, without giving notice, have demolished the structure around the Mosque and reduced it.....

DR. LAXMINARAYAN PANDEYA (Mandsaur): I am on a point of order.

SHRI DIGVIJAYA SINGH: Sir, what is this? Let him reply to it in his speech.

DR. LAXMINARAYAN PANDEYA: Let the Chairman decide that. How can you decide it? I have raised the point of order, Sir.

[Translation]

When discussion in the context of minorities is going on let me allows refer to the same. The Madhya Pradesh Government has neither issued any such notification nor has any demolition been done. What he is stating is but a distortion of facts. The Madhya Pradesh Government has on the contrary, formed the Human Rights Commission......

(interruptions)

[English]

SHRI DIGVIJAYA SINGH: He can rebut it in his own speech.

117 National Commission

MR. CHAIRMAN: There is no point of order involved in this.

SHRI DIGVIJAYA SINGH: What I was t

elling was that out of 3600 sq.

it. of land belonging to them,the Government, without notice, has demolished the structure and has confined to 600 sq. ft. only. There is a specific court order which the Madhya Pradesh Government is not accepting.

DR. LAXMINARAYAN PANDEYA: There is no such Notification.

MR. CHAIRMAN: When you get a chance to speak,you can rebut it at that time.

SHRI DIGVIJAYA SINGH: The 15-point programme initiated by late Shrimati Indira Gandhi is not being followed. I would urge upon the hon. Minister to review this State by State because this is a programmer for the minorities of this country; and this is a programmes of the Government of India. Therefore, the hon. Minister must review the implementation of the 15-point programmes in each State and punish those States which are not following the recommendations and the decisions of the Government.

In Madhya Pradesh, it was proposed that every Selection Committee must Nave a member of the minorities communities. But, unfortunately, I know of a number of Selection Committee where minority community has not been represented. That is why I say that you must give all the powers possible too a Commission for Minorities because of the threat to their very existence because of the unruly and undignified behavior of the BJP in particular in the State and their Government.

(Interruptions) I support the amendment made by Shri E Ahamed. In the Bill on page 3, line 36 reads as follows:

"Make recommendation for the effective implementation and the safeguard and protection of interest

for Minorities Bill 118

of minorities by the Central Government or the State Government".

Public undertakings and quasi Government lnstitutions must be added after this because the commercial banks and other public undertakings also should be sobered by the Minorities Commission Bill.

With these words, I would like to congratulate the hon. Prime Minister and Shri Sitaram Kesri who has always

been championing the cause of the minorities, backward classes and the Scheduled Castes of this coutnry. I wholeheartedly support the Bill.

I would urge upon our friends from BJP to keep their communal thinking under garb so that they can be secularas they are trying to show themselves. That is why I urge upon the whole House to accept this Bill unanimously.

[Translation]

SHRI RAM VILAS PASWAN (Rosera): Mr. Chairman, Sir, I support this Bill, nevertheless, I would demand that the drawbacks of this Bill must be removed with firms. It is a question of political will.

Mr. Chairman, Sir, what was, necessitated to constitute the Minority Commission with all earnestness. Shri Advani has rightly said just now that the Minority Commission was constituted in 1977-78 during the Janata Party regime. I do not believe that formation of the Minority Commission was a mistake, rather it was a historic deed.

Credit also goes to Shri Advaniji who was a Minister during that period. I would still like him to share the credit by extending his co-operation to a good cause. Steps should be taken to further this kind of work.

Mr. Chairman, Sir, it is a matter of pride

119 National Commission

[sh. Ram Vilas Paswan)

that the Government did good work during 1977-78, be it the question of price-control or any other thing. Moreover, Shri Atal Bihari Vajpayee was also a Minister during that period. There was, however, no problem of Ram Janam Bhoomi issue. I would like too emphasise that the issue of minorities is a matter of Constitutional responsibility.

lei this connection when I was talking to Shri Kesriji I told that there has been a special provision in the Constitution for the Scheduled Castes, Scheduled tribes and the minorities and it has been mentioned that there should be arrangement to protect their rights.

Article 25 to 30 of the Constitution deals with the interests of the minorities. We could not do much in this regard because we were just in

a different situation. We lacked your support and some of those who sat beside us in our Government had different views. Now the Government should not observe economy in providing support and it must provide minorities with the equal rights as are envisaged for Scheduled Castes and Scheduled Tribes.

Mr. Chairman, Sir, I am not in favour of leaving the question of welfare of the minorities to the minorities themselves. If a section of the country is weak it amounts to the weakness of the whole country. The country is facing crisis on the front of selfdefence, protection of people, wealth and property i.e. almost all the fronts.

Unless the country is strong wholly, it cannot prosper. I would like too tell not only to the B.J.P. but to the Congressmen also that a very wrong thing was done against the Sikhs in 1984 in the wake of Indiraji's assassination. The result is that the Punjab is burning today. The problem of Punjab has always enhanced the prestige of the country through thick and thin. It can solve the problems of water and the capital itself, but the wounds received by sikhs in the wake of Indiraji's assassination is manifested in the shape of horrible for Minorities Bill 120

terrorism. When there is a reference to minoritits, it includes not only sikhs but Muslims, Parsis and Buddhists also. The fact, however, remains that 90% minorities are Muslims. The Punjab and the Kashmir are now burning under great flames.

Mr. Chairman, Sir, it is for the first time that people of majority class are raising such slogans. If the demand for a Hindu Rashtra is made, how can you be able to check the demand for a Kalisthan? The Christians will demand a separate nation in the North- East in the name of religion. I would, therefore, urge that it is the responsibility of the majority to bring the minority into the mainstream of the country. I would also like to say that the Sikh religion has not come into existence a long time back. You will not find any Brahman among Sikhs. All the S

ikhs have their origin from scheduled castes and many of them were jats and those days jats had the same social status as that of the scheduled castes these days.

Many people often talk about Babar. I have also been a student of history. Who was ruling when Babar came to India? India was being ruled by Ibrahim Lodhi. It was Muslim rule that time. All the Muslims had not come with Babar. Today, there are Muslims who are converts from scheduled castes, muslims who are converts from Gujjars, and Muslims who are converts from Brahmins. Even today there are people who on the one hand are "Maulana" and on the other hand they are "Pandit". Religious conversion is going on today as well. A few years back a religious conversion took place in Meenakshipuram. A few days back, 300 families embraced Sikhism in Meerut. Why does this happen? Everyone does not get money from foreign countries. Today, we are talking about Hindus. It is very good to talk about Hindus, but what is meant by the word 'Hindu'? The way in which Hinduism is standing, one persons toot is on the others forehead and till such a condition continues,

121 National Commission

discrimination in the name of caste shall continue to exist in this country. That is why to Muslim, Sikh or a Christian opposes reservation which was brought in by the Mandal Commission. Mandal Commission and reservation is opposed only by those who call themselves Hindus. That is why we shall have to go into this very deeply and that is why we repeatedly say that work of cleaning the water should be done and the dirty drain should also be cleaned. If you don't do the cleaning and only keep killing but we should make arrangements so that mosquitoes do not breed. That is why the majority class calls itself Hindu, although the definition of Hindu has not yet become clear, whether Hindu means Verity, Kshatriya, Brahman or Shudra - till today 'Hindu' has examined a vague term.

That is why you should learn to love your brother, you should lea

rn to embrace your brother and believe that we are all one.

Today America has arrived at an eyeopening situation. Firstly, there is no American over there. Secondly, who are in minority in America? The blacks of America form the minority, whose population is 7% one black person was locked up and the motor driver was beaten up.

The police bet him up but did not kill him. He was beaten up badly and it had its influence right from Los Angles to New York. Here in our country 22 people were killed at Chundur but there was nobody to witness the event. Everyone was left as if they were born to die.

Sometimes people are massacred at Meerut and Pilibhit and in a single sentence, it is said that they are extremists. Similar is the case of Bihar. Poor people are being killed there everyday, there was nobody to cry I or them, but when the poor people killed 40, everyone is crying. I am not talking about this Government or about the party.

[nonihal singh]

http://www.infidels.org/library/modern/ram...nath/hindu.html

[nonihal singh]

Sikhism favoured as separate religion

T.R. Ramachandran

Tribune News Service

New Delhi, April 2

After battling it out for decades, the Sikh community has succeeded in ensuring that the distinct and independent identity of Sikhism is duly recognised in the Constitution.

The Sikh community, including political leaders of all shades and hues as well as the religious authorities, have all along maintained that clubbing Sikhs with Hindus in Article 25 of the Constitution had impinged on its status as a separate religion.

The perseverance of the Sikh community that any dilution of Sikhism vis-a-vis Hinduism or any other religion should be removed has found favour with the National Commission to Review the Working of the Constitution headed by the former Chief Justice of India, Justice M.N. Venkatachaliah.

On the "Right to Freedom of Religion" and the specious issue of Article 25 diluting the identity of the Sikhs, the commission observed that the reference to Hindus "should be construed as including a reference to Sikhs etc."

The recommendation of the commission in this regard said: "The commission, without going into the larger issue on which the contention is based, is of the opinion that the purpose of the representations would be served if explanation II to Article 25 is omitted and sub-clause (B) of clause (2) of that Article is reworded as follows - (<

!--endemo--> providing for social welfare and reform or the throwing open of Hindu, Sikh, Jain or Buddhist religious institutions of a public character to all classes and sections of these religions."

At present explanation II under Article 25 states - "In sub-clause (B) of clause (2), 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 NDA government will have to come forward with the necessary amendment to Article 25 as suggested by the commission to remove the impression that Sikhism is being diluted. This applies to the Jain and Buddhist communities as well.

The commission submitted its exhaustive report containing more than 240 recommendations in two volumes to the Vajpayee government on March 31.

National Commission for Minorities Vice-Chairman Tarlochan Singh had appeared before the Soli Sorabjee subcommittee of the commission several times and put forth forcefully the contention of the Sikh community. While maintaining that Sikhs and Hindus had common ancestors, Mr Tarlochan Singh said there was no ground to club them together. Elaborating, he said members of the Constituent Assembly were not conversant with the history of Sikhism, its tenets, traditions and culture.

The clubbing in the relevant clause of Hindus and Sikhs gave a wrong impression and had proved detrimental to the interests of the Sikh community . He recalled that as a mark of protest, two Sikh members in the Constituent Assembly representing the Shiromani Akali Dal refused to put their signatures on the final draft of the Constitution of India. Mr Tarlochan Singh emphasised that Sikhism should be harmoniously mentioned in the Constitution and other laws of the land as an independent religion in ke

eping with its history, traditions and culture. He pleaded with the commission to do "proper justice to this simple demand" of the Sikhs.