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SC Declines PIL to Delink Sikhs
From Hindu Law
New Delhi: The
Supreme Court of India has declined to pass any order on a plea that
the Sikh Community, which gets the birth certificate under the Hindu
law, faces an uphill task to explain immigration authorities across
the globe that the community is different from Hindus.
"It is very
difficult to convince the people abroad, especially the immigration
authorities, that though they are given birth certificate under
Hindu Marriage Act, they are Sikhs by religion," senior advocate
Mukul Rohatgi told a Bench headed by Chief Justice K G Balakrishnan.
He was appearing
for a Sikh, Joginder Singh Sethi, who filed a PIL seeking suitable
amendment in the Constitution to declare the community out of the
purview of the Act.
The Bench, also
comprising, Justices R V Raveendran and Deepak Verma, said though it
was in agreement with the issues raised in the petition, it cannot
entertain the subject as it has to be looked into by the appropriate
authority in government.
"We know it is
very difficult to convince but we cannot pass any direction," it
said.
Rohatgi said the
PIL was preferred before the apex court as there was no response
after the community ran from pillar to post to convince the
authorities.
The PIL, filed
by Joginder Singh Sethi, sought a direction for amendment in Article
25 of the Constitution for implementing the recommendation of a
Commission headed by Justice M N Venkatachaliah to delink Buddhism,
Jainism and Sikhism from the Hindu Marriage Act.
The petitioner
had pointed out that though Sikhs were under the ambit of the Hindu
Marriage Act, the rituals for performance of marriage were different
from those of Hindus.
Rohtagi said
most non-resident Indian Sikhs faced harassment whenever they
travelled to Middle East which asks visitors to reveal their
religion.
20
January 2010
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