Sikh Women Targeted For Their Attire, Children Bullied In Schools : Lawyer Tells Supreme Court In Plea To Ban Jokes On Sikh Community

In a public interest litigation seeking a ban on websites which spread jokes portraying the 'sardar' community as “persons of low intellect, stupid and foolish”, the petitioner(s) today brought to the notice of the Supreme Court grievances of women and children in the Sikh community, saying that they are subjected to ridicule and bullying but their concerns remain unaddressed.

A bench of Justices BR Gavai and KV Viswanathan posted the matter after 8 weeks, upon hearing petitioner and advocate-Harvinder Chowdhury, who sought time to consolidate her own suggestions and those of Sikh Gurudwara Management Committees.

To recap, the issue was first raised in March 2007 when on a complaint filed by Sikh businessman-Mohinder Nanksingh Kakar, Mumbai-based publisher Ranjit Parande was arrested for publishing a book on Santa-Banta, that allegedly carried "derogatory" jokes directed at the Sikh community.

In 2015, Chowdhury filed the present PIL, contending that the jokes on Sikh community are demoralizing and require to be taken seriously. A bench led by then Justice TS Thakur initially showed reluctance, opining that even members of the community enjoyed the jokes. However, Chowdhury persisted that the jokes amounted to humiliation and insulting of Sardars, to the extent that some children no longer wanted to carry 'Kaur' and 'Singh' tags with their names - to avoid being made fun of.

Ultimately, the Court agreed to hear the case. In 2016, the Delhi Sikh Gurudwara Management Committee and the Shiromani Gurudwara Prabandhak Committee also approached the Court with separate petitions. The DSGMC sought framing of "guidelines to curb the menace of the social, racial, religious, ethnic remarks abuses or jokes and direction to the state to implement some guidelines through their law-enforcing agencies at all the public places".

The same year, the Court asked the petitioners to come up with suggestions on what it could do “within judicial dimensions”. In response, Shiromani Gurudwara Prabandhak Committee filed suggestions and demanded that the jokes, which actually amount to “racial slur” and “racial profiling”, be included within the definition of 'ragging' in educational institutions.

A setback to the petitioners came in 2017, when a bench headed by then Justice Dipak Misra conveyed that the Court cannot pass any kind of guidelines banning or curbing jokes about the Sikh community. However, the matter remained pending.

Today, a counsel appearing in the matter submitted that pursuant to the Court's oral directions, certain guidelines have been framed by a former judge of a High Court (Chairman of a Committee) and the Union may be asked to respond to them.

Advocate Harvinder Chowdhury, appearing in person, added that two interim applications have been filed - (i) on behalf of International Sikh Women Council (representing more than 30 lakh women), highlighting the bullying activity being faced by Sikh women due to their attire, and (ii) on behalf of Guinness Book laureate Dr JP Singh, highlighting bullying activity related to children.

Chowdhury recapitulated that she filed suggestions on behalf of Haryana Sikh Gurudwara Management Committee, Patna Saheb Gurudwara Management Committee and a Committee formulated on directions of a bench comprising then Justice TS Thakur (which comprised psychologists, psychiatrists, sociologists and people working for welfare of children). However, subsequently, the petitioners in the two interim applications approached her, highlighting the grievances of Sikh women (allegedly ridiculed for wearing turbans, white suits) and children.

The counsel cited one specific incident where a boy died by suicide due to extreme torture and bullying activity for 6-7 days. "On first day, he complains to his mother that he is teased 'teri joodi mei aloo'...when he said please don't call me like that, he was hit. On the second day, his head was flushed in the toilet. On the third day, his mother went to the school and tells the principal that this is happening to the boy. On the fourth day, he asked that his hair to be cut. On fifth day, he gets the hair cut. On seventh day, he commits suicide and gives it the topic 'freedom from torture'...", she said.

Chowdhury further underlined the mental impact of the humiliation faced by members of Sikh community, more than 3 crores in number, as a result of jokes made on them and the bullying activity. She added that Sikhs suffer on the drop of thought, and she has herself experienced the alleged behavior.

"I was in one of the High Courts and was ridiculed...my item was item No.12 and clock showed 12'o clock...Suddenly, everyone started laughing because my name was there and because Standing Counsel was repeatedly saying Harvinder is here."

Hearing her, Justice Viswanathan remarked that it's an important matter and an attempt should be made to sensitize children in schools. In reply, Chowdhury said that the same is being done, but it is not working. She also informed that the major problem relates to cyber bullying.

Case Title: HARVINDER CHOWDHURY Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 160/2015

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