Tuesday 14 July 2015

SIKH MARRIAGE : Origin, religious and legal aspects in India


Origin :

The history of the Anand marriage ceremony is traced back to the time of Guru Amar Das (1479–1574), who composed the long 40-stanza hymn "Anand", in the Ramkali measure, suitable to be sung or recited on all occasions of religious importance. His successor, Guru Ram Das, composed a four-stanza hymn, "Lavan", which is recited and sung to solemnize nuptials. During the time of Maharaja Ranjit Singh and his successors, however, this ceremony fell into partial disuse under the renewed Brahmanical influence at court as well as in society.
The Namdhari reform movement of the mid-19th century made the practice of Anand ceremony a vital plank in its programme as did the later, more widely influential Singh Sabha. But there was opposition from the Arya Samajis and priestly classes; the former due to their position that Sikhism was a sect within the larger umbrella of Hinduism and hence subject to Hindu Marriage Act,1955. The Sikh form of wedding ceremonial eventually received legal sanction through the Anand Marriage Act which was adopted in 1909.
In a Sikh marriage, the couple walks around the Sri Guru Granth Sahibji -the sikh holy book four times, and a holy man recites from it in the kirtan style. The ceremony is known as 'Anand
Karaj and represents the holy union of two souls united as one.
 

Religious Aspect :

Sikh weddings ceremony called : Anand Karaj

The Sikh marriage ceremony is called Anand Karaj. This form of marriage was introduced from the time of the Sikh Gurus and was given statutory recognition during the British rule in India by passing the Anand Marriage Act 1909.
Whereas Sikh religious code of conduct & convention called (Current-version) Sikh Rehat Maryada  (mentioned how marriage ceremony and rules to be followed) in Article XVIII - Anand Sanskar (Lit. Joyful Ceremony) of Chapter XI – Ceremonies, pertaining to Social Occasions, (under Section Four). The Current Sikh Rehat Maryada sanctioned by SGPC, Amritsar (copy available at sgpc.net)  (In 1950 the current Sikh Rehat Maryada was produced based upon the work of Sikh scholars, seeking to better standardise Sikh practices throughout the international community).   

Details of ceremony :

1. Most marriages take place in the morning hours before 12 noon at Gurdwara only. The ceremony starts with a meeting of the two sides called Milni at which holy shabads (hymns from the Sikh Scripture, Guru Granth Sahib) are sung. Often an Ardaas (supplication) is also said at the Milni (not prescribed).The two sides say the Sikh greeting to each other with "Waheguru Ji Ka Khalsa, Waheguru Ji Ki Fateh" (Khalsa belongs to the Wondrous Giver of Knowledge; to whom also belongs victory.) The marriage ceremony takes place at a congregational gathering in the holy presence of Guru Granth Sahib at Gurdwaras only. Shabads (Sikh hymns) are sung and the boy and the girl sit side by side facing Guru Granth Sahib. The girl sits on the left side of the boy. The couple and their parents (or guardians) stand up and an Ardaas is offered, seeking the Blessing of Waheguru (the Wondrous Giver of Knowledge) for the commencement of the Anand karaj (marriage).

2.Any Amritdhari Sikh (man or woman who has undergone traditional Amrit initiation and therefore practices the prescribed Sikh code in daily life) can perform a marriage ceremony (not strictly followed, any person profess Sikh faith can get married). This officiating person apprises the couple of the duties of married life according to the Guru's teachings. He explains their mutual obligations as husband and wife.Sikh husband-wife love is modelled on the love between human soul and the Supreme Soul as described in the four lavan (hymns composed by the Fourth Guru in the Suhi raag section of Guru Granth Sahib). The bridegroom and the bride vow fidelity to each other in the presence of the Guru (Granth Sahib) and the holy congregation. They accept their obligations by bowing before Guru Granth Sahib. The Anand marriage is a sacrament and no document is necessary.

3. The main ceremony is very simple. The bridegroom wears a sash over his shoulder. The end of this is placed (by the bride's father, guardian or any other responsible person) in the hands of the bride. The officiating person reads the four lavan (stanzas) from Guru Granth Sahib. After the reading of the first stanza, the couple rises and to the accompaniment of music, while the same hymn is sung by the ragis (religious singers), walk slowly round Guru Granth Sahib, the bridegroom leading the bride.After returning to their position in front of Guru Granth Sahib after each of the four hymns (lavan), they should remain standing while the next stanza is read before commencing the next circumambulation while the same stanza is sung by the ragis. (However, these days, couples prefer to sit down after each circumambulation of Guru Granth Sahib. Apparently, although cumbersome, this seems to have become acceptable.)After the four lavan, the hymn of Anand Sahib is read by the ragis. There is an Ardaas (supplication) of completion of the ceremony. Holy Vaak (random reading of a hymn from Guru Granth Sahib) is read out and the holy sweet pudding Karah Pasad is distributed to all present.Religiously this marriage is complete.


Summary of points to be remember :

  1. Child marriage is forbidden.

  1. All Hindu superstitions about good or bad days and rituals before, during and after marriage are strictly forbidden. 

  1. Sikhs practise monogamy. 

  1. Widows or widowers may remarry. 

  1. While husband and wife roles are regarded as complementary (and despite erosion of certain Sikh values due to the proximity and influence of the Hindu majority in India), men and women's equality is enshrined in the teachings of Guru Granth Sahib. 

  1. An engagement ceremony may take place before the wedding but this is not necessary. Any day suitable to the parties is fixed without regard to any superstition about auspicious, good or bad days.

  1.  Vedic/ Hindu marriage rituals are strictly forbidden.Marriage is a partnership of equals.

  1.  No consideration is to be given to caste, social status, race or lineage.No dowry is allowed. 

  1. No day is considered holier above any other, hence no astrological considerations are to be made and no superstitions are to be observed in fixing the date of the wedding. 

  1. The religious ceremony is to take place in a gurdwara or in the presence of Sri Guru Granth Sahibji. 

  1. The cost of the wedding is to be shared between the two sides as equally as possible.




Sikh weddings ceremony called : Anand Karaj and legally come under the Act called the Anand Marriage Act 1909.(amended by the Anand Marriage (Amendment) Act, 2012).(copy available at http://www.prsindia.org)

Present Legal Defects:

This act has many defects and it is ineffective for many reasons. If we read “the statement of object and reason” of this act which states- “...by passing this enactment which merely validates and accepting the rite...” further preamble says “an act to remove doubts as to the validity of the marriage ceremony common among the sikhs called Anand.Whereas it is expedient to remove any doubts as to the validity of the marriage ceremony common among the sikhs called Anand;” Crystal clear that is just a law to remove doubts over the sikh ceremony called Anand. The British Government had no real intention to lookafter & regulate sikh matters and never tried to make a composite law related to every aspects of sikh matrimonial causes. The British earlier in 1872, on the other hand, made “the Indian Christian Marriage Act,1872” which is a consolidated law related to marriages of Christians in India. 
The Anand Marriage Act,1909 (as amended upto date), presently, is not a complete enactment pertaining to all matters of matrimony related to sikh community and other misc. issues arising from such marriage. Because it does not provide for any provisions for dissolution of marriage, nullity of marriage, judicial separation, protection orders, custody of children, divorce, Alimony and restitution of conjugal rights. For effecting, the actual working of this act, every state of Indian Union is now empowered to make rules under newly inserted section 6(4) [Ins. by amendment of 2012 (Act 29 of 2012), s.2 (effective from 01-11-2013)], forms, appoint registrar of such marriage, to register & regulate. It is pertaining to note that many states in India, not made any serious effort to make rules under this amended act and Sikhs are unaware of their rights given in this enactment. 
Whereas, the Muslims and Christians’ minority already have their own Marriage Registrar (Kazi and Minister) appointment for Registration such marriage under their own Marriage Act in majority of states. 
Present state of affairs of sikh’s civil rights regarding problems of matrimonial causes is not enlisted and highlighted by the present Sikh political and religious setups in India. Since Sikh community population is just 1.9% in India, there electoral vote-bank is quite small, not effective and therefore, politically, Sikh people are small fish in India.   

Background of the act:   
ANAND MARRIAGE ACT was passed in 1909 by the British Imperial (i. e. Governor-General's) Legislative Council to establish legal "validity of the marriage ceremony common among the Sikhs called Anand Karaj. " Anand marriages were readily reported in the Sikh Press towards the close of the 19th century. For instance, the Khālsā Akhbār in its issue of 6 November 1886 reported the marriage of Bhāī Dalīp Siṅgh, son of Bhāī Raṇ Siṅgh of village Koṇḍī in the princely state of Paṭiālā by Anand ceremony. The same newspaper announced on 11 December 1886 Anand nuptials of Giān Siṅgh, son of Sūbahdār-Major Baghel Siṅgh, which took place at the village of Jaipurā. Again on 18 February 1888, the Khālsā Akhbār reported the marriage of the daughter of Bhāī Sant Siṅgh, president, Siṅgh Sabhā, Lahore, performed in accordance with the Sikh ritual on 14 February 1888. At Siālkoṭ, an early Anand marriage of modern times took place on 4 June 1903 (Khālsā Akhbār, l0 July 1903). Bhāī Mohan Siṅgh Vaid in his Diary recorded that he attended Anand Kāraj - performed at the village of Kairoṅ on 7 June 1899. Presumably that was when Bhāī Nihāl Siṅgh Kairoṅ's daughter, sister of Partāp Siṅgh Kairoṅ, mighty latter-day political leader of the Punjab, was married. Early references to Anand marriages occur in old Sikh texts such as Rahitnāmā Bhāī Dayā Siṅgh and Giānī Giān Siṅgh, Panth Prakāsh. The Anand ceremony was looked upon askance by Brāhmaṇical priests who administered the rites in the old Hindu fashion. They started caluminating the Sikh form. Sikhs wished to have their social laws accepted and codified and a beginning was made with their marriage rites.
        
The Anand Marriage Bill was introduced in the Imperial Legislative Council in 1908 by Ṭikkā Ripudaman Siṅgh of the princely state of Nābhā. The House of Nābhā had always espoused simplification of wedding ceremonies and, as reported in Khālsā Dharam Prachārak, 13 July 1895, there was an order in force in Nābhā state laying down that no marriage party should exceed 11 guests. The Anand Marriage Bill had been drafted by a committee of the Chief Khālsā Dīwān. The Imperial Council referred the bill to a select committee. The bill received overwhelming support from the Sikh respondents. In 1909 Sundar Siṅgh Majīṭhīā replaced Ṭikkā Ripudaman Siṅgh of Nābhā state as a member of the Imperial Council. Moving the bill at a meeting of the Imperial Legislative Council held at the Viceregal Lodge, Shimlā, on Friday, 10 September 1909, Sundar Siṅgh Majīṭhīā commended the effort of Ṭikkā Ripudaman Siṅgh who had "laboured unremittingly" in behalf of the "useful measure. " Elaborating, Sundar Siṅgh said the ceremony called Anand was initiated by the third Gurū of the Sikhs, Gurū Amar Dās (1479-1574), and his successor Gurū Rām Dās (1534-1581) was the author of the four hymns of Lāvā which are included in the Gurū Granth Sāhib (Rāga Sūhī, pp. 773-74) and which are recited to solemnize the Anand ceremony. Sardār Sundar Siṅgh presented the report of the select committee. The bill was placed on the Statute Book on 22 October 1909. 
Presently, this act is amended by THE ANAND MARRIAGE (AMENDMENT) ACT, 2012
(No. 29 OF 2012) with effect from 7th June, 2012.

Jharkhand Government passed recently state Rules for implementation of Anand Marriage Act. ==> copy of rules  


 

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