What Is the Sikh Marriage Bill 2024 and How Does It Differ from the Anand Marriage Act? 

Dr. Dharamvir Gandhi’s Private Bill Selected for Parliamentary Debate Brings a New Ray of Hope for the Sikh Community

India is a multi-religious and democratic country where every community has a constitutional right to preserve its identity. Yet, even after seven decades of independence, the Sikh community continues to remain within a legal framework where its distinct identity is often overlooked. The selection of the Sikh Marriage Bill 2024, introduced by Patiala Member of Parliament Dr. Dharamvir Gandhi, for discussion in the current session of Parliament marks a potentially historic moment. The debate, scheduled for either 6 February or 13 March, will determine whether Sikhs will finally receive full legal recognition of their independent religious identity.

This bill is not merely a legal document. It represents a long-standing demand of the Sikh community for the freedom to register marriages according to their distinct religious traditions and practices. 

Sikhs Often Considered Under the Hindu Marriage Act

Due to several legal ambiguities arising from Article 25 of the Indian Constitution, the Sikh community has frequently been placed under the Hindu Marriage Act. Although the Anand Marriage Act (1909) already exists and was amended in 2012, several legal hurdles have prevented its effective and comprehensive implementation.

According to available data, Sikhism is the world’s sixth-largest religion, with a global population of approximately 30 million people. In India, Sikhs number around 21 million (about 1.7% of the population), of whom nearly 77% reside in Punjab. Despite this, Explanation 2 of Article 25(b) of the Constitution categorizes Sikhs, Jains, and Buddhists within the definition of “Hindus.” Dr. Gandhi’s bill seeks to end this legal discrimination.

He questions why Sikhs continue to be governed under Hindu personal laws when Muslims, Christians, and Parsis have their own separate personal laws. 

Anand Marriage Act 2012 and Its Legal Limitations

In Sikhism, marriage is regarded as a sacred spiritual bond known as Anand Karaj. For a long time, Sikhs were compelled to rely on laws of other religions for marriage registration. The Anand Marriage Act was designed to provide independent legal recognition to marriages conducted according to Sikh religious traditions.

The history of the Anand Marriage Act dates back more than a century. It was first passed on 22 October 1909 during British rule to legally recognize the Anand Karaj ceremony, as Sikh marriages were facing questions of legal validity at the time. After Independence, the Hindu Marriage Act, 1955 came into force, and due to Article 25, Sikhs were brought under Hindu law, rendering the 1909 Act largely ineffective.

Many argue that the 2012 amendment resolved this issue. Prior to the amendment, Sikh marriages had to be registered under the Hindu Marriage Act. The 2012 amendment allowed Sikh marriages to be registered under the Anand Marriage Act, with certificates explicitly stating this. However, the amendment has significant limitations.

The Act only permits registration of marriages. In matters such as divorce, child custody, inheritance, and maintenance, Sikhs are still compelled to approach courts under the Hindu Marriage Act, 1955. The new bill seeks a comprehensive legal framework that recognizes Sikh customs and traditions across all social and legal matters, from birth to death. 

Responsibility of Punjab’s MPs and the Central Government

Dr. Gandhi has appealed to all Members of Parliament from Punjab to rise above party lines and support this bill. This is not merely a religious issue, but a question of equality, which is a constitutional right. Cultural respect must be ensured for all communities.

The central government is urged not to view this bill through the lens of vote-bank politics. Sikhs have made over 60% of the sacrifices and contributions toward India’s freedom struggle and food security. For such a community to wait seven decades for recognition of its identity is unjust. 

A Matter of Self-Respect for the Sikh Community

The new bill introduced by Dr. Dharamvir Gandhi aims to address these longstanding gaps. His objective is to establish a complete and independent legal framework for Sikhs that fully liberates them from the scope of the Hindu Marriage Act.

The Sikh Marriage Bill 2024 is not just about marriage registration; it is a matter of self-respect for the Sikh community. If passed, it will place a clear legal seal on Sikh identity and strengthen the community’s dignity. There is hope that constitutional reason and justice will prevail in this parliamentary session, and that this bill will become a historic milestone in Sikh history.