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Gurdwara Bill:
Wise Men Join Heads
SGPC's Handpicked Panel Starts
Agreeing,
Yet Road Ahead Full Of Blocks

S P Singh

For the first time today since the All India Sikh Gurdwara Bill draft courted controversy two years back, Sikh scholars handpicked by SGPC to resolve the imbroglio seemed nearing a semblance of unanimity on some of the controversial clauses though a major and far more difficult task which remains ahead is likely to take months of painstaking discussions.

The panel of mainly legal experts and Sikh scholars, tasked with tinkering with the draft prepared by former Chief Gurdwara Election Commissioner Harbans Singh to address concerns expressed by several community think tanks, agreed on key issue of a change in the preamble, definition of Sikh, definition of a gurdwara, name of the all-India body, qualifications of voter and of a member of gurdwara management panel.

Sources privy to marathon deliberations of the committee said differences remained on many issues "but the encouraging part was the approach of most members, particularly that of Former Justice Kulwant Singh (Tiwana), which helped in reaching decisions fast."

But, said sources, the panel has been given to understand that there was not much time on its hands and SGPC wanted to push through a revised version to replace the existing Sikh Gurdwara Act 1925.

The new bill covers Sikh shrines across India, all Takhts and codifies the powers and responsibilities of the Sikh clergy, including Jathedars of Takhts.

Today's meeting, which was attended by Justice Kulwant Singh, Dr Kashmir Singh, head of GNDU's law faculty, lawyers Gurcharanjit Singh, M. Singh (Rahi) and SGPC member Harjinder Singh (Dhami), agreed to not only stick to the definition of Sikh as given in the Delhi Sikh Gurdwara Act 1971 but to also merge a declaration about not believing in any other religion with it.

"This was done to bring the definition in consonance with the one in Sikh Rehat Maryada," said sources.

Similarly, definition of voter in clause 31 (1) of the 1999 draft bill will be changed as per that in the 1971 Act, the panel decided. The scholars also agreed to name the central board as Shiromani Gurdwara Prabandhak Committee instead of Kendri Gurdwara Prabandhak Board as provided in clause 17(2) of 1999 draft. References to "Sikh saint" and "sampardai" of Sikhs in clause 18(1)(d) are also to be deleted since such terms were considered anathema to core puritan Sikh practices.

Though the scholars recommended only a two tier structure of a central body and regional chapters, instead of having state chapters also, there could not be any unanimity on whether the Centre was to set up subordinate chapters "in consultation with" central board or "with its consent."

The clause about powers to subordinate boards to shift headquarters was considered unnecessary though those about mergers of two subordinate bodies were still to be deliberated upon, sources said.

But experts told The Indian Express that the unresolved issues were too convoluted to allow any quick decision and moves by SGPC to ram through a draft will only result in bigger controversy if all concerns were not addressed. Some of the most controversial points were regarding a Sikh's rights to approach the Akal Takht directly and be heard which the 1999 draft dilutes by creating an appeal channel, a provision for registering any new gurdwara or face a jail term, classifying Takhts as gurdwaras, creation of Sikh Gurdwara Tribunal and of Akal Takht Jathedar-headed Central Religious Body, and provision for oath taking of Takht Jathedars.

Each of these points is a crucial but controversial issue in itself. Though the SGPC mandarins seem keen to ready a draft bill sooner than later, sources said the powers at the helm of SGPC are not really serious about the all India board, as that would erode the monopoly of Akalis over cash-rich Sikh shrines since representation in central body would dilute their influence. Besides, many of the regional boards may like to go their own way, irrespective of Akali interests in Punjab where these are localised.■

June 30, 2001

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