Are Sikhs a minority in Punjab Supreme Court for A-G aid

The SC has asked A-G Mukul Rohatgi to help decide Sikhs’ minority status in Punjab

While deciding to examine whether Sikhs are a minority in Punjab, the Supreme Court on Monday sought the assistance of Attorney General Mukul Rohatgi over the issue.

A five-judge constitution bench comprising the Chief Justice T.S. Thakur and Justices Ibrahim Kalifulla, S.A. Bode, A.K. Sikri and R. Banumathi issued notice returnable in four weeks.

The apex court in 2009 had stayed a judgment of the Punjab and Haryana high court which held that Sikhs are not “minorities” in Punjab and cannot claim such rights.

The Punjab and Haryana HC on December 17, 2007, struck down a notification issued by the State government on April 13, 2001, permitting the Shiromani Gurdwara Parbandhak Committee (SGPC) to give 50 per cent reservation to Sikh students in colleges run by it on the ground that Sikhs were a minority community. Appeals against this judgment were filed by the State of Punjab, the SGPC and two others.

The appellants contended that the HC erred in law by striking down the minority status of the Sikhs. They said that going by the definition of Sikh as explained in the Sikh Gurdwaras (SG) Act, 1925, only about 53 lakh, roughly one-third of the electoral college of the SGPC, were Sikhs as against the 1.66 crore total voters in the state.

“There are several sects like Nirankaris, followers of Dera Sacha Sauda and Radha Saomi who believe in ‘living gurus’ who could not be considered Sikhs according to the SG Act. If this is accepted then Sikhs are clearly a minority,” they said. They disputed the HC reasoning to conclude that Sikhs are a majority by virtue of a Census report that pegged their population in the State at 59.2 per cent. It was submitted that this figure, taken from the 2001 Census is based on a counting of all sects belonging to Udasis, Nirmala Sadhus, Sant Nirankari Mandal, Dera Sacha Sauda, Radha Soami Satsang. “They are not Sikhs within the meaning of ‘Sikh’ under the Sikh Gurdwaras Act, 1925, since they believe in living gurus.”