Critical Need for Gurdwara Legislation Overhaul in India

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The governance of historical Gurdwaras across India has been an issue of continual debate and concern within the Sikh community. Historically, these Gurdwaras, which are not just places of worship but also pivotal cultural and social hubs, were managed by Mahants. However, this system gave way to more structured management through various legislations in the 20th century. Despite these changes, there remains a pressing need for further reform, particularly regarding the election of teams for the administration of elections for Gurdwara management bodies. This essay by WSN editor Jagmohan Singh, explores the necessity of these reforms, emphasizing the critical need for establishing a Gurdwara Election Commission.

AS OF TODAY, THE HISTORICAL GURDWARAS in Punjab, Haryana, Himachal Pradesh, and Chandigarh are governed under the Sikh Gurdwara Act 1925 and the rules thereof. The historical Gurdwaras in Delhi are administered under the Delhi Sikh Gurdwara Act of 1971. The historical Gurdwaras in Bihar are governed under the Constitution and Bylaws of Sri Takht Harmindar Ji Patna Saheb, 1956. The Historical Gurdwaras in Maharashtra are managed under the Constitution and bylaws of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956. The Historical Gurdwaras in Jammu and Kashmir fall under the purview of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973.

The newly-formed Haryana Sikh Gurdwara Prabhandhak Committee has to still show its efficacy.

Similarly, there is demand by Sikhs in Rajasthan, Uttarakhand, and Eastern India to have their own state legislations to run historical Gurdwaras and other Sikh Gurdwaras.

Heretofore, there was a demand by Sikhs to frame the All India Sikh Gurdwaras Act to bring all historical religious shrines under one administrative order, for which late Justice Harbans Singh framed the first draft after extensively touring the length and breadth of the country and incorporated the suggestions elicited from Sikhs during his tour.

Currently, while the Sikh religio-political leadership is silent on the issue, in order to please the Sikhs from an electoral standpoint, India’s National Commission for Minorities is making moves to push the idea of an All India Sikh Gurdwaras Act.

It is my understanding that presently the BJP government and its Minorities Commission are playing a sinister game aimed at dividing the Sikhs of Punjab with the Sikhs in other parts of India by floating the All India Sikh Gurdwara Act proposal.

It is my understanding that presently the BJP government and its Minorities Commission are playing a sinister game aimed at dividing the Sikhs of Punjab with the Sikhs in other parts of India by floating the All India Sikh Gurdwara Act proposal. The SGPC and other bodies must convey to the present government of India that it is for the Sikhs to decide whether they need an All India Gurdwara Act or not and that the government must not interfere in the religious affairs of the Sikhs at all.

All the legislations have serious lacunae -both from the Gurmat and administrative points of view. In their enthusiasm to get rid of the Mahants, these legislations were accepted nearly a century ago, but there was no in-depth thinking or analysis of what the Sikhs were walking into. These legislations did achieve their immediate purpose and now is the time for reform through comprehensive amendments through advocacy, legislative, and judicial approach.

All the legislations have serious lacunae -both from the Gurmat and administrative points of view. In their enthusiasm to get rid of the Mahants, these legislations were accepted nearly a century ago, but there was no in-depth thinking or analysis of what the Sikhs were walking into.

The Sikh Bodies Election Conundrum
A glaring example of the systemic flaws in the current framework is the case of the Shiromani Gurdwara Parbandhak Committee (SGPC) elections. The SGPC, a pivotal body in Sikh religious governance, has witnessed significant delays in its election process.

In the present phase for which elections were announced a few weeks ago, the ambiguity surrounding the finalization of electoral forms, indicative of either governmental apathy or deliberate obstruction, has resulted in administrative confusion and stagnation.

Elections for the Takht Patna Sahib Prabandhak Committee were due early this year, but the Takht Prabandhak Committee is resorting to subterfuge to delay the election process, while the District Judge Patna has indulged in an illegal act to influence the yet-to-be-conducted elections.

At Takht Hazur Sahib in Nanded, the government year after year continues to appoint administrators without conducting elections. It may be mentioned that even if elections are held, by an amendment to the Act in 2015, the government of Maharashtra has usurped the power to appoint the President of the Board.

In Jammu and Kashmir, security is the reason for the delay for the Gurdwara elections as is the case for many other political problems in the region.

The SGPC is not an isolated case. Similar patterns of delay and government interference can be observed in the elections of other Gurdwara bodies, like the Takht Patna Sahib Prabandhak Committee, Takht Hazur Sahib Committee, and the Jammu and Kashmir Sikh Gurdwaras.

Delay Tactics and Government Complicity
The SGPC is not an isolated case. Similar patterns of delay and government interference can be observed in the elections of other Gurdwara bodies, like the Takht Patna Sahib Prabandhak Committee, Takht Hazur Sahib Committee, and the Jammu and Kashmir Sikh Gurdwaras. These delays are often justified under various pretexts, ranging from state intervention, and judicial overreach, to security concerns. Such interferences not only hinder the democratic process but also raise questions about the autonomy of these religious bodies.

The Imperative for a Permanent Gurdwara Election Commission:
Unquestionably, a permanent Gurdwara Election Commission either at the state level or a common Gurdwara Election Commission can resolve many issues relating to the Gurdwara bodies which are administered under various laws and constitutions, especially those, which are of historical importance to the Sikh world. Such a Commission may be formed in consultation with Sikh religious and political representatives of the community.

Sikh Gurdwara Act, 1925. Delhi Sikh Gurdwara Act, 1971. Constitution of Sri Takht Harmindar Ji Patna Saheb, 1956. Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956. Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973.

Regular and Fair Elections
The cornerstone of any democratic system is regular, fair, and transparent elections. The appointment of a Gurdwara Election Commission could be a transformative step in ensuring the regular conduct of elections for various Gurdwara bodies. This independent body would oversee the entire electoral process, from candidate nominations to vote counts, ensuring adherence to democratic norms and practices.

Correcting Anomalies
The formation of a Gurdwara Election Commission would also help address anomalies in the current system. It could standardize electoral procedures across different states, ensuring a uniform and fair process. By overseeing the electoral process, the Commission would mitigate the influence of political interests and government interventions that have historically plagued Gurdwara elections.

Ensuring Representation and Autonomy
A properly constituted Election Commission would not only ensure timely elections but also uphold the principle of representation. This would guarantee that the management of these historic and culturally significant Gurdwaras truly reflects the will and aspirations of the Sikh Sangat.

The establishment of a permanent Gurdwara Election Commission is a critical step toward reforming Gurdwara legislation and governance. It would serve as a guardian of democratic processes within Sikh religious institutions, ensuring timely elections and minimizing external political influences. While there are broader issues of administrative reform that need addressing, the commission’s establishment would be a significant stride towards enhancing the autonomy and efficacy of Gurdwara management, aligning it more closely with the democratic ideals and principles of the Sikh community.

The establishment of a permanent Gurdwara Election Commission is a critical step toward reforming Gurdwara legislation and governance. It would serve as a guardian of democratic processes within Sikh religious institutions, ensuring timely elections and minimizing external political influences.

Till we are able to restore the traditional Gurmata system of selection of Sewadars and Jathas of Sangat to run our religious institutions, we have to ensure the smooth functioning of our bodies through the current system. Shying away from this tantamounts to allowing the governments of the day to have their say.

To use a cliché, eternal vigilance is the price of liberty. Ruing the failure of our institutions will not help, working to become harbingers of change is the need of the hour.

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