Violates Right To Life & Amounts To Ostracisation: Calcutta HC Sets Aside 'Frivolous' Excommunication From Agrahari Sikh Community, Imposes ₹1.5 Lakh Cost
The Calcutta High Court has set aside an order of excommunication by the 'Gurudwara Chhota Singh Sangat,' against the petitioner, excommunicating him from the entire Agrahari Sikh community due to an alleged matrimonial dispute between the petitioner's son and his wife.In setting aside the order of excommunication and directing the respondent office-bearers to pay costs of Rs 1.5 lakhs to...
The Calcutta High Court has set aside an order of excommunication by the 'Gurudwara Chhota Singh Sangat,' against the petitioner, excommunicating him from the entire Agrahari Sikh community due to an alleged matrimonial dispute between the petitioner's son and his wife.
In setting aside the order of excommunication and directing the respondent office-bearers to pay costs of Rs 1.5 lakhs to the petitioner due to the harassment suffered by him, a single bench of Justice Sabyasachi Bhattacharya held:
Excommunication from an entire community, not pertaining to religious persecution alone but also the social life and relations of the petitioner is such a stringent action, which touches the normal life of a person and the right to live with dignity. Petitioner [cannot] be held responsible for a dispute between his son and his daughter-in-law. Even if there is such a dispute, the same cannot castigate either of the parties to the said dispute, more so at the behest of a Gurudwara. For such innocuous reason, the extreme step of social, religious and economic excommunication unleashed on the petitioner is palpably violative of Article 21 of the Constitution.
It was submitted by the petitioner that he was a member of the Agrahari Sikh Community as well as the Gurudwara Chhota Singh Sangat.
Petitioner argued that due to certain matrimonial disputes between his son and daughter-in-law, the Gurudwara had passed an order excommunicating him from the entire Agrahari Sikh community.
It was submitted that such actions had directly impinged on his right to life and right to live with dignity under Article 21 of the Constitution.
Counsel for the respondents argued that the decision was on the grounds that the petitioner had not responded to communications by the respondents and that the daughter-in-law of the petitioner was a helpless lady, whose brother complained to the gurudwara leading to the steps being taken, when the petitioner did nothing to resolve the issue.
The Court in delving into the maintainability of the plea, noted that the present challenge of the petitioner had transcended the mere legal questions of violation of right, title, and interest, but had affected the petitioner's fundamental right to live with dignity.
It was held that the alleged matrimonial dispute was entirely within the domain of the civil court before which it may be brought, and no role in it could be attributed to the father of one of the spouses.
The respondent nos. 8 and 10 would do well not to arrogate to themselves the control of the entire Agrahari Sikh Community upon themselves in every respect, thereby usurping the powers and authority of a competent civil court. Also, the Gurudwara may provide religious guidance and leadership to its members, but the reason cited for the excommunication has nothing to do with religion, it concluded.
Accordingly, the plea was allowed and the order of excommunication was set aside.
Further, the court also imposed costs on the respondent's office-bearers for passing such an order.
For the severe harassment and trauma suffered by the petitioner due to such patently unconstitutional act of the respondent nos. 8 to 10, the said respondents shall individually pay costs of Rs. 50,000/- each to the petitioner totalling Rs.1,50,000/-, within a fortnight from date, it held.
Citation: 2023 LiveLaw (Cal) 25
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