Asserting that nothing short of the right of self-determination, as accepted by Jawaharlal Nehru would be acceptable to the Sikh people, the organization has written a letter to Prime Minister Dr Manmohan Singh demanding a check on the constitutional and legal discrimination against Sikhs.

A delegation of the organization under the leadership of party president H S Dhami and Khalsa Action Committee chairman Mohkam Singh met Jalandhar Deputy Commissioner Ajit Singh Pannu and handed over a copy of the memorandum addressed to Indian PM to him. Addressing a press meet earlier, both the leaders said: “While the country is celebrating its 60th Republic Day, we have no hesitation in saying that the Indian Constitution has failed the Sikh people”.



Full text of the Memorandum:

January 27, 2010

Hon’ble Dr Manmohan Singh
The Prime Minister
Republic of India
New Delhi

Respected Sardar Sahib Ji,

Waheguru Ji Ka Khalsa,
Waheguru Ji Ki Fateh .

Every 26th January is a day for Sikhs to reflect upon the years gone by. The last many years have been teasing times. As a representative body of the Sikh nation, we present our views on the status of Sikh people vis-à-vis the (Indian) Constitution.

Background: It has been established beyond doubt that Sikhism is a separate religion and Sikhs are a distinct people. Though born in the Indian sub-continent, its religious leanings may have some affinity with Hinduism and Islam, but there is no denying that it is a unique religion and this has been substantiated by scholars, religious leaders, parliamentarians, legal luminaries and various courts.

Though the founding fathers of the Indian constitution touted it as a sacrosanct document to be religiously followed by all in letter and spirit yet the Indian rulers have taunted the Sikhs a great deal in every sphere of their life, affecting their ideals and goals.

The first blow was dealt on 26th January 1950 with in the framing of the constitution itself, when two major commitments to the Sikhs were not fulfilled. One, recognition of the unique character of the Sikh religion and two, the federal character of the constitution were heavily compromised. Betrayal of promises by the Congress leadership prompted the then Sikh representatives to declare in the Constituent Assembly, “The Sikhs do not accept the Constitution. The Sikhs reject this Constitution Act”.

While India celebrates its 60th republic year, we have no hesitation to place on record that the Constitution has failed the Sikh people. The establishment has used the best democratic ideals and institutions, including the constitution to scuttle our religious, social and political aspirations. Even Shiormani Akali Dal leadership, which is in power today in Punjab have spent years in prison for ridiculing the constitution.

Constitutional and Legal discriminations are:

1. Article 25 of the Indian constitution gives Sikhs the right to wear the Kirpan, but Explanation II of Article 25 (2) (b) of the constitution still continues to classify Sikhs as Hindus. This dubbing of the Sikhs in the Constitution, in spite of a recommendation of the Constitutional Review Committee is the root cause from which flows the legitimacy armed with which all organs of the government continue to discriminate against the Sikhs in various ways.
2. Sikhs have no personal laws --the birth, marriage, adoption, death of a Sikh is in accordance with the law of another religion. The registration of marriages, adoption, succession, formation of a family business (as is possible for Hindu Undivided Family) -for all these we have to adopt a set of procedures incompatible with our belief systems.
3. Punjab has been deprived of its land and water rights, in violation of constitutional provisions. The constitution has different sets of laws for different states. Provisions of the Punjab Reorganization Act, 1966, as far as water rights of Punjab are concerned, are a flagrant violation of the Indian constitution. Waters is a state subject for all states except Punjab. Nothing can be more blatant than this.

While a number of other cities like Varanasi, Kurukshetra, Rishikesh, Kedarnath, Badrinath and Hardwar have been declared as holy by the so-called secular government of India, they have been steadfast in denying the status of holy city to Amritsar, which houses the Abode of the Almighty. Each state has its own capital, but Punjab shares its capital with Haryana (which too has been carved out of Punjab territory) and this has been continuing for 44 long years. The claim of Haryana to river waters of Punjab, Punjabi-speaking areas, Chandigarh and the Punjab and Haryana High court is based on unconstitutional amendments and illegal provisions of the Punjab Reorganization Act.

The Indian constitution proclaims the right to life but via the 59th amendment, this right was suspended for the residents of Punjab, till the amendment was repealed. The constitution guarantees freedom of expression, which includes freedom to dissent, but the moment anyone vehemently criticizes the working of the government and seeks the right to self-determination, the fundamental rights of such individuals and organizations are curtailed. This has happened in case of the Sikhs and other ethnic peoples.

Sikhs have been at the receiving end of torture, harassment on pure religious grounds and the holiest of their holies, Darbar Sahib attacked by the armed forces of the government of India in June 1984. The pogrom against the Sikhs in November 1984 in Delhi and elsewhere wherein more than 4,000 Sikhs were killed extra judicially continues to haunt the Sikhs. Sikhs in Punjab, India and the Diaspora have cried hoarse from last 25 years, that such gross injustice should shame the rulers of the country, but to no avail.

Indian Parliament has amended the Constitution at least 72 times. But not once did it considered amending it to grant the Sikh community its due status. Violating the provisions and clauses of the constitution, thousands of Sikhs have been killed all over India in the last 3 decades. But the energetic Sikhs with their distinctive unique birthright and history stand still without any retreat.

We are of the view that the Indian constitution is a constitution of convenience. The provisions of the constitution have been used, misused and not used to suit the expedient needs of the Indian state from time to time.

At one point, India’s first Prime Minister, Jawaharlal Nehru, conveniently accepted the right to self-determination, including the right to secede. In a speech broadcast on 3rd June 1947 (quoted in The Transfer of Power 1942-1947, edited by Nicholas Mansergh, Litt. Vol. XI pg. 94, published by Her Majesty's Stationery Office, London), he said:

          "You have just heard an announcement on behalf of the British government. This announcement lays down a procedure for self-determination in certain areas of India. It envisages on the one hand the possibility of these areas seceding from and on the other it promises a big advance towards complete independence."

          ….."The proposal to allow certain parts to secede, if they so will, is painful for any of us to contemplate. Nevertheless, I am convinced that our present decision is the right one even from the larger viewpoint."

Indeed, political chicanery and expediency is vividly transparent in the words of Pandit Nehru. It clearly shows opportunistic attitude of Pandit Nehru at that moment of time. It was Pandit Nehru who declared at a press conference in 1946 that “the brave Sikhs of Punjab are entitled to special consideration. I see nothing wrong in an area and a set up in the North wherein the Sikhs can also experience the glow of freedom”. The developments post-August 1947 up to the first decade of partition clearly proved to the Sikhs that they had committed a mistake. When Sikhs asked Pandit Nehru to honour his pledge, he backtracked and replied “circumstances have changed now”.

During the last many decades, the Sikhs have strived to find an independent and dignified place in the Indian Constitution so as to uphold their unique and distinct identity. All legal and political attempts made by Sikhs so far have come to naught. Successive governments and even the courts have either ignored our pleas or have simply brushed it aside as “secessionist”.

We urge you to take a firm stand on the issue of resolving the identity crisis of the Sikhs. We look forward for justice.

We seek rule of law and honouring of all commitments –oral and written by the Indian leadership to Sikh Nation before and on the eve of independence. The destiny of the Sikhs will have to take an honourable course.
Regards and Guru Fateh:

H S Dhami President, Dal Khalsa

Mohkam Singh Chairman, Khalsa Action Committee

Through: Deputy Commissioner, Jalandhar, Punjab

Copy to: Shri P. C. Chidambaram, Home Minister, GOI, New Delhi.