AMENDING ARTICLE 25 Article 25 of the Constitution of India describes Sikhism, Jainism and Buddhism as parts of the Hindu religion This has resulted in avoidable confusion across the world about the independent identity of these three religions, says the community This Bill proposes to amend Article 25 with a view to distinctively refer to Sikh, Jain and Buddhist religions along with Hinduism |
New Delhi, August 23
After the amendment of the Anand Marriage Act for separate registration of Sikh marriages, the community is now setting its eyes on amendment of the Constitution to recognise Sikhism as a full-fledged religion.
After the amendment of the Anand Marriage Act for separate registration of Sikh marriages, the community is now setting its eyes on amendment of the Constitution to recognise Sikhism as a full-fledged religion.
At present, Article 25 of the Constitution of India describes Sikhism, Jainism and Buddhism as parts of the Hindu religion. Sikhs have long been seeking amendment to this Article to grant Sikhism an independent identity under the law.
In a significant move, Lok Sabha Speaker Meira Kumar today allowed Shiromani Akali Dal’s Khadoor Sahib member Rattan Singh Ajnala’s private member Bill to amend Article 25 of the Constitution to meet the community’s pressing demand.
The Bill titled ‘Constitution Amendment Bill 2012’ seeks to drop Explanation II in Article 25, which — while guaranteeing a right to freely profess, practice and propagate religion — defines Sikhism, Jainism and Buddhism as components of the Hindu religion.
Clause 1 of Article 25 of the Constitution provides the freedom of religion to everyone in India. Sub clause (b) of Clause 2 of Article 25 says: “notwithstanding the freedom of religion, the Government can make any law pertaining to the social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of the Hindus”.
The problem arises in Explanation II of sub clause (b) in Clause 2 of the said Article, which says: “the reference to Hindus will be construed as including a reference to persons professing the Sikh, Jaina and Buddhist religions and the reference to Hindu religious institutions shall be construed accordingly as well.”
The statement of object and reasons behind Ajnala’s private member Bill listed for introduction in the Lok Sabha tomorrow wants Explanation II dropped and says, “The drafting of sub clause (b) of Clause 2 of Article 25 tends to ignore the separate and distinct identities of Sikh, Jain and Buddhist religions. Rather, it shows that these religions are either part of the Hindu religion or associated with it. This has resulted in avoidable confusion across the world about the independent identity of these three religions. This Bill proposes to amend Article 25 with a view to distinctively refer to Sikh, Jain and Buddhist religions along with Hindu religion.”
The Bill also refers to the recommendation to amend Article 25 along similar lines made by the National Commission on Review of the Constitution headed by former Chief Justice of India Justice MN Venkatachaliah during the NDA regime.
The Bill at hand is a constitutional amendment Bill and the second major bill moved as a private bill by Sikh MPs. The Anand Karaj Amendment Act was earlier moved as a private member’s Bill in Rajya Sabha by former MP Tarlochan Singh.
