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Religion & Law

: Religion Clause

India's Supreme Court Refuses To Order Constitution Amended To Clarify Status of Sikhs

By Howard M. Friedman

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India's Supreme Court yesterday dismissed a lawsuit asking it to order the government to amend India's Constitution to eliminate a provision in Explanation II to Article 25 that says the reference in the Constitution to the power to legislate regarding Hindu religious institutions should be construed to also include Sikh, Jain and Buddhist institutions. Sikhs want it made clear that Sikhism is a separate religion. Calcutta's Telegraph reports that the court held it lacks the power to direct Parliament to amend the provision. Eight years ago a Constitution review committee recommended the change, but Parliament has never acted on it. Sikhs say that because their marriages are governed by the Hindu Marriage Act, they face problems when the migrate abroad. They declare their religion as Sikh, but foreign authorities are confused because they present Hindu marriage certificates.

Full post as published by Religion Clause on January 19, 2010 (boomark / email).

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