It is a reassertion of the independent identity of the Sikhs, not as a political slogan but in the garb of amendments to Sikh gurdwara legislation. But the debate on legal reform within the Sikh community has begun at the time when the political party claiming to represent it, the mainstream Akali Dal, has switched tracks from being a Panthic party to the party of the Punjabis.Reform has been a long-pending demand of Akalis of all shades. Nevertheless, all hell broke loose when the draft of the All India Gurdwara Bill, 1999 and amendments to the Sikh Gurdwara Act, 1925 were submitted to the Union Home Ministry recently by Chief Commissioner, Gurdwara Elections, Justice Harbans Singh (Retd). Copies have been dispatched to the Shiromani Gurdwara Parbandhak Committee (SGPC) as well.The proposed legislation, if enacted by Parliament, would replace the existing Sikh Gurdwara Act, 1925 which governs the SGPC, the statutory body entrusted with the management of historical and other notified Sikh shrines inPunjab, Haryana, Himachal Pradesh and Chandigarh. Even if the All India Gurdwara legislation is deferred, amendments to the existing Act would need Parliamentary clearance, because the SGPC is an inter-state body. Nevertheless, Punjab Chief Minister and Akali Dal President Parkash Singh Badal has questioned the authority of the Gurdwara Election Commissioner to send the draft and the proposed amendments directly to the Centre.``The Union Home Ministry sought clarifications on a draft legislation submitted earlier," says Justice Harbans Singh. ``The present draft was prepared after discussions with the persons concerned, including present SGPC chief Jagir Kaur.'' The draft Bill incorporates the proposed amendments. The SGPC decided to throw open the two drafts to public debate. ``We are for change but the final decision has to be taken by the general house of the SGPC,'' says Jagir Kaur. Both the documents propose major changes which include a somewhat altered definition of `Sikh', which will depriveSehajdharis (people who profess faith in Sikh doctrine but do not adopt its religious symbols) of voting rights. Reservations for women and scheduled castes will also be done away with. There is also a controversy about the qualifications of a voter to the SGPC, as the earlier clause of barring persons taking alcoholic drinks has not been included. The proposal to administer an oath to the Akal Takht Jathedar is again controversial.Akali leaders whom Justice Harbans Singh consulted favoured restricting voting rights only to the Sikhs as provided under the Delhi Sikh Gurdwara Act, 1971.``There should be no controversy about the definition of a Sikh and for that purpose, the definition given in the Rehatnama (Sikh religious code of conduct), adopted by the SGPC after prolonged deliberations, should be followed,'' asserts Jagir Kaur.It is also proposed to lower the voting age from 21 years to 18 years. No senior Akali leader would like to comment on the issue of reservation for women and scheduledcastes. While the latter had been enacted earlier, 30 seats were reserved for women in the last election to the general house of the SGPC in 1996 through a Home Ministry notification.According to Sikh scholars, the proposal to deny voting rights to Sehajdharis amounts to asserting the separate identity of the Sikhs. It's nothing new, but it clashes with the Akali Dal's accent on Punjabiat. The 75th anniversary conference of the Akali Dal at Moga was a watershed in Akali politics, marking the shift from Panthic party to Punjabiat.Proponents of change argue that reservation for scheduled castes runs counter to Sikh tenets, according to which all Amritdhari Sikhs are equal. Only an Amritdhari Sikh can be a candidate in the SGPC general house elections.Prem Singh Chandumajra, former MP and general secretary of the All India Shiromani Akali Dal headed by former SGPC president Gurcharan Singh Tohra, admits that Justice Harbans Singh had interacted with MPs from the state. But he objects to certain clauseswhich were never discussed with them.Yet another controversy concerns the appointment of the Jathedar (chief) of the Akal Takht, the supreme temporal authority of the Sikhs. The proposed draft legislation has prescribed a procedure for the appointment of the jathedars of five takhts and the head priest of the Golden Temple, which brings these offices within the ambit of the law. The issue is whether the law is competent to decide such matters.``The conventions followed in the appointment of the jathedar are now proposed to be formalised. Its effects are both positive and negative. A final decision should be taken only after a thorough debate involving the community,'' said Dr J.S. Grewal, eminent historian and former vice-chancellor of Guru Nanak Dev University, Amritsar.Broadly, the draft All India Gurdwara legislation proposes a 71-member apex body to be known as the Kendri Gurdwara Parbandhak Board, headquartered at Amritsar. The Head Priest of the Golden Temple and jathedars of five takhts wouldbe its ex-officio members. Twelve other members would be coopted. The term of the Board would be five years and the term of the office bearers would be coterminous with that of the board. Then there would be 10 state and regional boards. The central board would have representation from all the state and regional boards. Permission for establishing a new gurdwara would have to be sought from a registering authority to be notified for that purpose. Violation would be an offence under the legislation.A significant proposal is to incorporate a clause in the 1925 Act specifying that amendments would be made in the gurdwara legislation only in consultation with the SGPC, to give statutory recognition to the prior understanding between the Centre and the SGPC. According to the Master Tara Singh-Jawahar Lal Nehru Pact, any amendment in the Gurdwara Act should only be undertaken after obtaining the approval of the general house of the SGPC. However, the Centre did not take such approval while introducingreservations for women in the 1996 election.The critics argue that the All India Gurdwara legislation would weaken the SGPC, which is a parallel centre of power in Akali politics. The SGPC has destabilised Akali chief ministers through the Akal Takht. It is not without reason that Badal has appropriated all powers and has also become a presence in the religious domain.Proposed amendments to Sikh Gurdwara Act, 1925 Sehajdharis should be excluded from the definition of `Sikh' and denied voting rights. No reservation of seats for scheduled castes and women in the general house of the SGPC. Only single-member constituencies to be permitted. Lowering the voting age to 18 from 21 years. An SGPC member should not be eligible to hold other office.Features of All India Gurdwara Bill Establishment of a central board and 10 regional and state boards. Prescribed procedure for the appointment of takht jathedars and Head Priest, GoldenTemple. Permission to be sought for establishing a new gurdwara. Management of all the five takhts and the Golden Temple to be with the central board. Setting up of a Sikh Gurdwara Tribunal with more powers.
