SIKH- SEPARATE RELIGION
The Constitution, Review Commission has correctly recommended the deletion of Explanation II to Article 25. It will certainly clarify to the world that Sikhism is an independent and separate religion and is no longer a branch or offshoot of Hinduism. The SGPC, the Punjab Government, the National Minorities Commission, Sikh scholars and others have uniformly asked for its deletion.
During his visit to Amritsar last year in connection with a seminar on review of the Constitution at Guru Nanak Dev University, the Sikhs convinced the Chairman of the Commission, Mr Justice M.N. Venkatachaliah, about the futility of the Explanation.
He promised that the commission would certainly recommend for its deletion. The recommendation shows that the promise has been well kept.
The commission has also recommended rewording of Article 25(2)(b) providing for state legislation, inter-alia, for throwing open of Hindu, Sikh, Jain or Buddhist religious institutions of public character to all classes and sections of these religions. It is submitted that the names of the specific religions need not be mentioned in the provision; it should simply provide for throwing open of religious institutions of public character to all classes and sections of the respective religion.
This way the clause will be uniformly applicable, wherever required, to all the public religious institutions belonging to all communities. Keeping in view the political realities at the moment, one cannot expect any quick action to amend the Constitution, but let us hope that it will be done sooner than later.
Only then the Sikh community will be successful in ensuring constitutional recognition about the distinct & independent identity of its religion.
Dr KASHMIR SINGH, Professor of Law, Guru Nanak Dev University, Amritsar
http://www.expressindia.com/fullstory.php?newsid=8918 [3]
Sikhism, Buddhism, Jainsim not same as Hinduism
Press Trust of India
New Delhi, April 3: In a recognition of their separate identity, the Constitution Review Commission has recommended that Sikhism, Buddhism and Jainism should be treated as religions distinct from Hinduism saying a constitutional provision grouping them together should be omitted.
The existing explanation II of Article 25 of the Constitution (Freedom of Conscience and Free Profession, Practice and Propagation of Religion) says reference to Hindus shall be construed as including a reference to persons professing Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
"Explanation II to Article 25 should be omitted," according to Justice M N Venkatachalian Commission, which submitted its report to the government on Sunday.
The Commission has also suggested rewording of the Sub-clause A which said nothing in Article 25 shall affect the operation of any existing law or prevent the state from making any law ..."Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus".
The Commission suggested Sub-clause (B) of Clause (2)of Article 25 should be reworded to read ..."Providing for social welfare and reform or the throwing open of Hindu, Sikh, Jaina or Buddhist religious institutions of a public character to all classes and sections of these religions".