Members Attending
- The meeting was presided over by the Chairman of the AC H H Justice Mota Singh QC. The following attended:
Dr Kharak Singh Lt Gen Kartar Singh Gill
Justice Ajit Singh Bains Lt Col J S Multani
Justice S S Grewal Prof Kulwant Singh
Justice Bakshish Kaur Brig Hardit Singh
Dr Gurmit Singh S M S Rahi
Issues Discussed
- The following were the main issues discussed.
- Legal status of the Jathedar Akal Takht Sahib in Sikh Society.
- Defence of our legal rights at the National and International levels.
- Defence of Sikh Identity the world over.
- Legal recognition of our Anand Karaj ceremony.
- Sikh representation in world bodies including the United Nations
- Official recognition of Sikh Personal Law.
- All India Gurdwara Act.
Legal Status of the Jathedar Akal Takht Sahib
- This point was raised by Brig Hardit Singh, who felt that the ISC must somehow legally liberate the Jathedar Sahib from the direct authority of the SGPC / Political parities. He felt that the ISC should play an active part in this.
- Dr Kharak Singh and Justice A S Bains felt that the role of ISC was clearly advisory. We shall adhere to that role in all matters concerning the Panth. Justice Grewal and Justice Bakshish Kaur fully supported this view.
- Justice Mota Singh felt that the ISC has a dual role in this regard i.e. as an advisory role to the Sikh Society in India as well as the Diaspora.
Defence of Sikh Legal Rights
- After a short discussion on the role of the ISC in this regard, it was agreed that:-
- The ISC will identity and empanel Sikh lawyers in India and in various countries abroad where we have a substantive population.
- The ISC will take active part in legally defending such rights wherever this AC considers it appropriate. The ISC is ready to defray expenses wherever voluntary effort is lacking and employ capable lawyers to defend our rights.
Defence of Sikh Identity
- This issue was discussed with particular reference to the aberrations that are now a reality amongst Sikhs in India and the world over. Sikh youth is particularly guilty of violating the tenets laid down by our Gurus for our distinct identity. Taking a realistic view of the whole issue it was decided that
- The ISC must make concerted efforts to encourage Sikh youth to preserve their identity.
- We should defend the normative position of Sikhs rather than the actual position. In fact an apostate Sikh is an aberration rather that a norm.
Anand Karaj Ceremony
- It was mooted that the Anand Karaj ceremony must be officially recognized by the Govt. for visas and other purposes. At present we have to obtain a certificate under the Hindu Marriage Act recognition as a genuine document.
- Another member suggested that an inter-faith marriage may be solemnized with Anand Karaj only when both parties are Sikhs. Today we are accepting a liberal view in this regard here and abroad.
- After a discussion it was agreed that
- The ISC will exert itself to have the Anand Karaj ceremony be considered adequate for a Sikh to obtain a visa or complete any other relevant formality.
- The ISC needs to form a definitive opinion on the adoption of Anand Karaj in inter-faith marriages and propagate it.
Sikh Representation in World Bodies
- It was strongly advocated by all members that Sikhs must be officially represented in major world bodies such as the United Nations. Some members quoted precedents wherein an Organization of Unrepresented Nations was formed as an unofficially recognized body. Others quoted the cases of countries such as Estonia and Aatvia which were part of Russia at one time but are now recognized as independent members. This really does not support our case.
- It was decided that the ISC will give further consideration to this problem. It is certainly desirable, but we need to further study legal aspects to this.
Sikh Personal Law
- Dr Kharak Singh strongly supported the enactment of a Sikh Personal Law by our government. He detailed efforts already made in this regard.
- After a short discussion the Chairman Justice Mota Singh QC agreed to give this a deep consideration. He felt that we need to pusue this with some vigour. All members supported this view.
All India Gurudwaras Act
- After a brief history of the case was discussed, Dr Kharak Singh briefed the AC members as to how Justice Harbans Singh and his committee had made concrete amendments and put up a revised draft to the SGPC. Dr Kharak Singh was also a member of this committee and personally felt that it was a very good document and needed to be pursued. However the SGPC is silent on this issue and has not pursued it further.
- Dr Gurmit Singh reminded the members that there was a written agreement signed between Master Tara Singh as SGPC President and P M Jawahar Lal Nehru that any amendment to the Sikh Gurdwara Act must have the prior approval of the SGPC.
- It was agreed that the ISC needs to pursue this case actively.
Conclusion
- The Chairman then re-capitulated all points which in the AC on Diaspora and legal affairs needs to actively pursue. Lt Gen Kartar Singh Gill agreed be to prepared a brief and discuss it with him on 8 Dec, 06 at the IOSS location. This was agreed to and the meeting adjourned.
