Monday, December 29, 2014


 Whether the petition was filed for amendment to Article 25 of the Constitution challenging its validity for implementing the recommendation of a commission to delink Buddhism, Jainism and Sikhism from the Hindu Marriage Act or only for the correction of procedural mistake on the ground that Sikh community which is issued birth certificates under the Hindu law faces an uphill task to explain to the immigration authorities across the globe that the community is different from the Hindus? 

Without going through the full text of the judgment, commenting vaguely shall not be fully justified.

As it appears from the remarks of the Supreme Court, "it could not entertain the subject as it had to be looked into by an appropriate authority in the government", it seems, the matter is involved of correction of procedural mistake, left at the discretion of the authority, not specified.

It is always proper to exhaust administrative course first for administrative action before approaching the courts.

The Misconception or Ignorance about Sikh Identity:

"To my mind, the misconception about Sikh identity can be removed by a simple administrative order by an addition, 'the bride and bridegroom are Sikh by religion or words to that effect' in the marriage registration rules. 

Thereafter, the endorsement should be made to that effect in the certificate issued after the registration of marriage of Sikhs. Isn't?"

Balbir Singh Sooch, Advocate, Ludhiana.

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