<!--[if gte mso 9]><xml> <o
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GRANTH IN LEGAL LITERATURE
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Prof. Kashmir Singh
Guru Nanak Dev University, Amritsar
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Wherever my Satguru goes and sits, that place is beautiful, O Lord King;
The Guru’s disciples seek that place and take and apply its dust to their
foreheads.1
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Though more appropriately this hymn is applicable to every Gurdwara in
the present context because of presence of Sri Guru Granth Sahib therein
but the Sikhs undertake the pilgrimage to the places which are sanctified
by the presence of Gurus during their lifetime. Within India, seats of the
Five Sikh Takhts are the primary destinations for pilgrimage. Majority of
Sikh pilgrims to Patna Sahib and Hazur Sahib note it with amazement
that Guru Granth Sahib and Dasam Granth (DG) are seated with equal
majesty in the sanctum sanctorum. Then Hukmnamas from both the
Granths is taken in the morning and evening and are displayed with equal
reverence. Impliedly it is asserted by the Pujaris there that both the
Granths hold co-equal position and are equal in importance, both are also
claimed to be the pious uttering of the Gurus. Quite recently2 there is a
recommendation from Takht Patna Sahib for parkash of DG alongwith
Sri Guru Granth Sahib at three Takhts in Punjab also. To know the position
and status oftwo Granths, one should refer to the historical retrospect.
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Sri Guru Granth Sahib
After the completion of Granth Sahib in 1604, it was installed at
Harmindir Sahib. As per directions of Guru Arjan Dev, it used to remain
at Harmandir during day time and was taken to Guru’s room at Guru-ke-
Mahal in the evening after recitation of Sohila and Ardas. In the Guru’s
room, Granth Sahib was placed in the canopy at a higher pedestal and
Guru slept on the floor by its side. The Guru also enjoined the Sikhs to
consider the Granth Sahib equal to the Guru and make no distinction
between the two. Thus Guru Arjan, who himself compiled the Granth
Sahib, paid it so much reverence and respect that he sat and slept on the
floor and kept Granth Sahib at a higher place. Earlier the Guru had
personally gone to Goindwal to receive the manuscript of Guru’s hymns
(Pothi) from Bhai Mohan. The Sikhs carried the palanquin on their
shoulders in which the Pothi was placed and Guru Arjan walked behind
in reverence barefoot refusing to ride his horse saying that pothi was the
very spirit, the very light of the four Gurus, his predecessors.3 Not only
Guru Arjan paid so much respect to the Granth Sahib and the bani,
(revealed Word) composed in it, it was held in great veneration by the
earlier Gurus also before the completion of the Holy Volume. Guru Ram
Dass said, “The bani is the Guru and Guru the bani”4. Guru Amar Dass
said, “the word of the Guru is the Lord Formless Himself. There is none
other and nothing else which can be reckoned equal to it.”5 Guru Gobind
Singh, the tenth Master, brought an end to the line of personal Gurus on
October 6, 1708. He pronounced that Guru Granth Sahib will be the Guru
after him. Thus GGS became the everlasting Guru of the Sikhs. Guru’s
commandment is recorded by one of his associates6 as follows-
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In pursuance of the orders of the Eternal Lord, was the
(Sikh) Panth constituted. All the Sikhs are hereby
ordained to accept the Granth as their Guru. Have faith in
the holy Granth as your Master and consider it the visible
manifestation of the Gurus. Those who hath a pure heart
would seek guidance from the holy word as manifested in
the Holy Book to meet the Lord.
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Similarly Rahitnama by Bhai Nandlal also testifies the fact of succession
from Guru Gobind Singh to Guru Granth Sahib. Bhaiji was with the Guru
during his last moments and he records the last words of the Gurus as
follows:
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He who would wish to see the Guru,
Let him come and see the Granth.
He who would wish to speak with him,
Let him read and reflect upon what says the Granth.
He who would wish to hear his word,
He should with all his heart read the Granth
Or listen to the Granth being read.
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This was the answer of the Guru to the Sikhs who had asked him just
before his departure from the worldly sojourn, “Who would be their Guru
after him?” The Guru further told, whenever the Sikhs needed guidance
and counsel, they should assemble before the Granth in all sincerity and
decide their future line of action in the light of the teachings of the Master
embodied in the Granth, the noble ideas therein would live for ever and
show people the path of bliss and happiness.
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Macauliffe has rightly remarked 7, “The Granth Sahib, as already stated, is
to them the embodiment of their Gurus, who are regarded as only one
person; the light of the first Guru’s soul having been transmitted to each
of his successors in turn”.
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The Tenth Master bestowed Guruship on Granth Sahib as is evident from
the account of Guru’s contemporaries who were present at Nanded till his
last moments. He did not made any mention of Dasam Granth. So to
equate Guru Granth Sahib with Dasam Granth is almost blasphemous.
Even assuming that Dasam Granth was existing at the time of Guru
Gobind Singh, it cannot be the object of same respect as that of Granth
Sahib which was elevated to the status of Guru by the Tenth Guru
himself. This aspect of Sikh history is noted by the Supreme Court of
India in one of its judgments8 in the following words-
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“One of the most fascinating aspect of Sikhism is the
process which began with human Gurus, continued
during the period of duality in which there were human
Gurus and a collection of sacred writings and ended with
the present situation in which full authority is enjoined by
the scripture. In every respect, the scripture is what the
Gurus were”.
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When the line of living Gurus was ended with conscious
decision of Guru Gobind Singh, the last Guru, succession
was invested in a collection of teachings which was given
the title of Guru Granth Sahib. This is now the Guru of
the Sikhs.
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An important characteristic of the teachings of the Sikh
Gurus is their emphasis upon the message, the Bani. It is
this stress which made possible the transfer of Guruship
to the scripture.
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…Now this Sri Guru Granth Sahib is a living Guru of the
Sikhs. Guru means the guide. Guru Granth Sahib gives
light and shows the path to the suffering humanity
whenever a believer in Sikhism is in trouble or is
depressed he reads hymns from the Granth.
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It will be relevant to refer to the lines in a letter from Baba Ram Singh,
whose followers (Namdharis) claim in unending line of living Gurus and
include Baba himself as one of them. He wrote,” The Guru of Gurus is
Granth Sahib, the Word is Guru. Consider this as whole truth.”9
9 Quoted in Gopal Singh, History of the Sikh People, World Uni. Press, New Delhi. (1979) 607.
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Sikh Code of Conduct:
While passing on Guruship to Sri Guru Granth Sahib, the Tenth Master had authorized
the Guru Panth to act collectively and take decisions in the light of
revealed Word contained in it. Acting in that capacity, the Guru Panth has
adopted a Sikh Code of Conduct called Sikh Rehat Maryada (SRM) in
1945 after long deliberation to promote deeper religious cohesion and
uniformity in the Sikh conduct and observances. It has the approval of
Akal Takht Sahib, the supreme religious body and the Shiromani
Gurdwara Parbandhak Committee (SGPC), the premier statutory and
representative body of the Sikhs.
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The Code (SRM) ordains installation, reading and worshipping only of
Guru Granth Sahib in a Gurdwara and not of any other book. More
specifically Article V(e) ordains, “No book should be installed like and at
par with the Guru Granth.” Art. 1 defines a Sikh as any human being who
faithfully believes, inter alia, in Sri Guru Granth Sahib and the teachings of Ten Sikh
Gurus. Art. IV(e) prescribes the daily routine (Nitnem) of the Sikhs
which includes banis from Sri Guru Granth Sahib and also a few renderings of Guru
Gobind Singh. Then SRM prescribes devotional hymn singing (Kirtan)
only of Guru Granth Sahib’s or Guru Gobind Singh’s hymns, (Art.
VI(b)). The Sikh prayer (Ardas) as prescribed by the Code in Art. IV(3)
enjoins to seek the blessings of the Almighty, Ten Gurus and the Sri Guru Granth Sahib,
an embodiment of the light of all the Ten Gurus. And on conclusion of
Ardas, the individual or the congregation, as the case may be, should
respectfully genuflect before the revered Sri Guru Granth Sahib. It needs special notice
that the SRM nowhere makes a mention of Dasam Granth though it refers
to the teachings and utterances of Ten Sikh Gurus.
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Thus seating of Guru Granth Sahib and Dasam Granth side by side with
equal reverence is not in accordance with Sikh Code of Conduct It is
clerarly enjoined under the head ‘Gurdwara’ that no other book can be
installed like and at par with Guru Granth Sahib. In fact the Sikhs are
prohibited to worship any person or object other than Guru Granth Sahib.
Only GGS is to be installed in the sanctum sanctorum of every Gurdwara.
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Dasam Granth
When Guru Gobind Singh had to vacate Anandpur in 1705, multitudinous
literature including compositions of the Guru and 52 poets patronised by
him was destroyed. According to tradition, Bhai Mani Singh, the Head
Granthi of Sri Darbar Sahib from 1721 to 1738, collected manuscripts,
compiled the same which came to be known Dasvin Patshahi ka Granth.
Immediately after martyrdom of Bhai Mani Singh in 1737, some Sikhs
had questioned that some writings in Dasam Granth like Charitro
Pakhyan and Hikayats are not in consonance with the teachings of Gurus
and also with the spiritual and devotional compositions of Guru Gobind
Singh. They argued for the separation of these from the rest.10 This
controversy continued later on also.
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Besides Bhai Mani Singh, Baba Deep Singh during the mid eighteenth
century and Bhai Sukha Singh, Granthi at Patna Sahib, around the closing
years of that century had made collection of such writings independently.
All these versions differed with each other. Towards the end of nineteenth
century, Singh Sabha Amritsar constituted a Revising (Sodhak)
Committee which found 32 different versions of the Granth and after
examination and rectifications of the same published a report in 1897.
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The volume based on the report was published and was entitled, probably
for the first time, as Dasam Granth towards the turn of the last century.
In a brief introduction to Dasam Granth(DG) appended to a Hukamnama
of Takhat Patna Sahib issued on April 10, 2008 mentions that binding of
DG was got done in Samat Bikrmi 1755 which has signature of the Tenth
Guru and is available at Patna. The same document informs on the next
page that it is one of the 32 versions of the DG available in 1897.
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Ever since the existence of Dasam Granth, the controversy as to the
authenticity of authorship of its compositions has persisted. A good
number of Sikh scholars do not accept all the compositions in it from the
pen of Guru Gobind Singh. Celebrated authors like Khushwant Singh,
C.H. Lohelin, Mohan Singh Diwana and others challenge the contents of
some writings in Dasam Granth as plainly contrary to Sikh ethos and
principles, they question whether Guru Gobind Singh could write such
things.11 Dr. Rattan Singh Jaggi who has worked a lot on Dasam Granth
also doubts the authorship of some of the compositions in it.12 Others like
Prof. Harbans Singh, Dr. Jaswant Singh Neki, Prof. Nirbhai Singh, Dr.
Jodh Singh & Dr. Dharam Singh avoid entering into the controversy
neither accepting nor rejecting the authorship of the various compositions
by the Guru. Dr. Surinder Singh Kohli and Dr. Jodh Singh & Dharam
Singh have translated the Dasam Granth in English except the Charitro
Pakhyan and Hikayats for obvious reasons. Thus even the scholars who
have translated or explained the Dasam Granth are not clear and
categorical about its authenticity.
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A recent research13 explores that Mr. Colebrook, a British administrator
at Calcutta, procured Dasmi Patshahi Da Granth which was prepared by
Nirmalas at Patna in between 1781 and 1805 A.D. The same was placed
in British Library London catalogued as MSS Punjabi D5 and was
popularized by Britishers to create confusion and division amongst Sikhs.
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The researcher does not find any concrete evidence about the existence of
such a Granth prepared by Bhai Mani Singh or Baba Deep Singh in 18th
Century. By the end of 19th Century, 32 Birs of Dasam Granth prepared
from 1818 onwards including six printed ones were available in Punjab
out of which Sodhak Committee compiled and produced its version in
1897. The Committee failed to identify any one of those as the original
version. The Committee also deleted certain compositions like Vaar
Malkans, Vaar Bhagauti ji kee, Raag Asa and Raag Sorath Patshahi Das,
Majh Patshahi Das, Asptak Kabits etc., which were available in different
versions. Whether the Committee could amend/revise the Granth if it was
authored by the Tenth Guru and could any body authorize to do so and
were they (Sodhak Committee members) competent enough to handle
such an important assignment. The historian rightly questions, which is
the original bir of DG, when and where it was compiled or authenticated
by the Tenth Guru or Bhai Mani Singh?
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The 10th Guru did not include in Granth Sahib any bani which is now
included in Dasam Granth though the Guru had the opportunity to do so
while incorporating the bani of Ninth Guru in Granth Sahib. Guru Gobind
Singh had reportedly rejected the suggestion of getting both the Granths
bound together in one volume by saying, “This one is Adi Guru Granth,
the root book; that one (DG) is only my diversion. Let this be kept in
mind and let the two stay separate.” So a writing for recreation or pastime
cannot be equated with a compilation of divine origin upon which
Guruship was unequivocally conferred by the Guru Himself. A five judge
bench of the Indian Supreme Court aptly observed, “Guru Gobind Singh
enjoined on his followers that after him they should consider Guru Granth
Sahib as their Guru. They believe in Guru Granth Sahib which is a rosary
of sacred poems, exhortations etc”.14
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It may be noted that at no point of time, DG has got the universal
approval of the Sikhs. Controversy about its authorship has existed from
the right beginning. Because of this it has never commanded the same
respect as that of Sri Guru Granth Sahib amongst the general Sikh masses
though the Banis included in Nitnem alongwith some other writings of the10th Guru
like Khayal, Sawayye, Zafarnama etc. are attached utmost reverence by
every Sikh. The main reason for not attaching importance to Dasam
Granth is the doubts about its authenticity and authorship. So it need not
be thrust upon those who do not accept the whole of it as the writings of
Dasam Guru.
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Some reverents feel convinced that their Guru could not be an author of
writings like Chritropakhyan which are included in Dasam Granth, they
cannot be compelled to accept that the whole of Dasam Granth is from
the pen of Guru Gobind Singh. The number of Sikhs who fall in this
category has never been too small. Various Triya Chritars as contained in
DG denigrade the women as being not trustworthy. An organization
named Khalsa Nari Manch has challenged the supporters of DG as bani
of Dasam Guru to explain Triya Charitars in the presence of female
members of their families. But the brief introduction to DG in the April
10,2008 Hukamnama of Takhat Patna Sahib tries to justify the inclusion
of Triya Charitars in the DG. The matter should have been considered as
concluded after the Jathedar of Akal Takht and Singh Sahibans of Sri
Darbar Sahib have clearly held that Chritropakhyan is not a Dashmesh
bani, these are copies of old Hindu mythical stories.15
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One may refer to pertinent observations of S. Gurtej Singh, “the present
B.J.P led Government is engaged in foisting a spurious scripture
depicting Hindu Puranic tales, namely the so called dasam granth on the
Sikh people.”16 He quotes a member of the Parliament to reveal that “on
the pretext of celebrating the third centenary of the founding of the Order
Khalsa, the R.S.S. has been given a grant of Rs.16 crores (160 millions)
by the Government exclusively to popularize the DG among the Sikhs. In
all one hundred crore rupees have been kept aside to confuse the Sikhs on
the question of their spiritual and political identity. Determined attempts,
materially supported by the Government are being made to mislead the
Sikhs and to preach Hinduism to them in many subtle and not so subtle
ways.”17
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The SGPC had decided in 2000 to convene a sub-committee to resolve
the controversy. Jathedars of Five Takhts issued a directive from Akal
Takht on 14.5.2000 to restrain Sikh scholars from publicly commenting
upon DG but the same authority from the same pedestal withdrew the
prohibition on November 27, 2006.
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Though it seems clear that Guru Gobind Singh cannot be the author of all
the writings compiled under the head ‘Dasam Granth’ but the better
course will be to leave it to the individual judgment to accept the Dasam
Granth as the writing of the Tenth Master or not just like Ragmala. The
matter should be considered as concluded after the sage advice of the
Jathedar of Akal Takht on January 31, 2008. He said, “DG is
an important historical literary Granth of the Sikh Panth but it cannot be
treated at par with the Sri Guru Granth Sahib. Therefore the parkash of DG
cannot bedone parallel to Sri Guru Granth Sahib.” 18.
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Sikh Gurdwaras Act, 1925
Enactment of Sikh Gurdwaras Act is a landmark development in the Sikh
history of twentieth century. It was enacted about two decades after the
publication of Dasam Granth by the Sodhak Committee. Debates of
Punjab Legislative Council and subsequent interpretation of the Act by
the higher judiciary involve discussions and references to various Sikh
principles, institutions and the like. To find out any express or implied
reference to Dasam Granth, all these records are examined. But no
mention of or reference to DG is found in the discussions of the
provincial legislature during the period of two months, May 7 to July 7,
1925, when the Bill was before the Punjab Legislative Council.
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Objects of the Act: The main object and reason of the Act was to provide
a legal procedure by which Gurdwaras may be brought effectively and
permanently under Sikh control and their administration reformed so as to
make it consistent with the religious views of that community.19 In the
words of an official20, the object of the Act was, inter-alia, “to conduct all
rituals and ceremonies according to the Granth Sahib”. The official
concerned had rightly understood that the religious views of the Sikh
community mean to conduct all ritual and ceremonies according to the
Granth Sahib. It is to be noted that there is no reference at all to the
Dasam Granth in the objects and reasons of the Act also.Various provisions of the Act may be examined to find out any reference to Sri Guru Granth Sahib and DG
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Definition of ‘Sikh’: Now we proceed to examine. Section 2(9) of the
Act defined ‘Sikh’ as follows:
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‘Sikh’ means a person who professes the Sikh religion; if any
question arises as to whether any person is or is not a Sikh, he shall
be deemed respectively to be or not to be a Sikh according as he
makes or refuses to make in such manner as the local government
may prescribe the following declaration:
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I solemnly affirm that I am Sikh; that I believe in Guru Granth
Sahib; that I believe in the Ten Gurus and that I have no other
religion.
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Thus a person having faith/or belief only in Sikh religion and in no other
religion is a Sikh. He should believe in Guru Granth Sahib and Ten Gurus
only. So the definition of Sikh under the Act does not refer to or require
the belief in Dasam Granth which was got published by the Sodhak
Committee only two decades before the passage of the Act.
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Definition of ‘Amritdhari Sikh’ and ‘Sehajdhari Sikh’ were added to the
Act subsequently in 1944 and 1959 in sub-section (10) and (10A) of
section 2 of the Act. These also do not make any mention of Dasam
Granth. Same definition of ‘Sikh’ was adopted by the Sind High Court
where the Sikh Gurdwaras Act was not applicable. The High Court21
approvingly quoted Diwan Awat Singh Mehtab Singh’s Catechism of
Sikh Religion which answer question 19, ‘What is a Sikh’, as follows:
“Anyone who solemnly declares that he believes in ten Gurus and
their teachings; that besides the Gurus and Granth Sahib does not
recognize any other binding authority in religion, should be called
a Sikh”.
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The Sindh High Court has aptly distinguished Amritdharis and
Sehajdharis in that judgment22 as follows:
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“There is no essential or doctrinal difference between Amritdhari
Sikhs (Akalis, Khalsas or Singhs) and Sehajdhari Sikhs. The
former are distinguished by the fact that they go through a
ceremony of initiation or baptism and observe with strictness the
five kakkes; Sehajdharis are indifferent about these forms; but all
are Sikhs in that they believe in the Ten Gurus and Granth Sahib
and accept no other authority in religion”.
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The emphasis is rightly put on belief in Ten Sikh Gurus and Guru Granth
Sahib; no mention of Dasam Granth is available in the judgment. Dasam
Granth may be taken as ‘other authority’. To argue that ‘teachings of the
Gurus’ impliedly include the reference to DG cannot be accepted because
of specific mention of Sri Guru Granth Sahib which also incorporates the teachings of the
Gurus and also because of controversial authenticity of the DG.
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Sikh Gurdwara: The Sikh Gurdwaras Act 1925 does not define
‘Gurdwara’ or ‘Sikh Gurdwara’. But it seems to use the term ‘Gurdwara’
as inclusive of non-Sikh religious institutions as well. ‘Sikh Gurdwara’ is
the term used for exclusive Sikh institutions. The Gurdwaras about which
no doubt as to their Sikh character existed, were outrightly handed over to
the Sikhs by their inclusion into Schedule I of the Act and their
management was vested to be carried out as provided in Part III of the
Act. The nature of the remaining religious places whether those were
Sikh Gurdwaras or not was to be determined in accordance with the tests
in S. 16(2) of the Act by the Tribunal and the Court. Sub-section (2) of S.
16 incorporates two conditions on the fulfillment of which the Tribunal
can declare an institution to be a Sikh Gurdwara. The first condition is
that a religious place can be a Sikh Gurdwara only if it has been and is
being used for public worship by the Sikhs. The second condition relate
to the reason or purpose of the establishment of the Gurdwara. We shall
elaborate here only the first condition. It requires that- a) it should be a
place of worship; b) the Sikhs should worship it; and c) worship should
be public as distinguished from private. As the Sikhs worship only One
Formless God or Shabad as contained in Guru Granth Sahib, so only that
place can be a Sikh Gurdwara where Guru Granth Sahib is installed. Thus
the presence of DG is not envisaged in a Gurdwara. Even recent Patna
Sahib Hukamnama mentioned above recommends installation of DG only
at Sikh Takhts and not at all the Gurdwaras.
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Observations of Supreme Court: The Courts in India have correctly
appreciated the importance of Sri Guru Granth Sahib in a Sikh Gurdwara. A three Judge
bench of the Supreme Court23 while interpreting section 16(2) mentioned
the distinctive features of ‘Sikh Gurdwara’ as follows:
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The central object of the worship in a Gurdwara is Sri Guru Granth
Sahib, the holy book…A Sikh thus worships the holy words that
are written in the Guru Granth Sahib, the words or the Shabads
about the Eternal Truth or God. No idol or painting of any Guru
can be worshipped.
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…Gurdwara is a place where a copy of Guru Granth Sahib is
installed… There may be complexity of rooms in a Gurdwara…
But its pivotal point is the place of worship and the main room will
be that in which Guru Granth Sahib is installed where the
community gathers for diwan. The focal point in this room will be
the book itself.
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… The sine qua non for an institution being a Sikh Gurdwara is
that there should be established Guru Granth Sahib and the worship
23Pritam Dass v. Shiromani Gurdwara Parbandhak Committee Amritsar,
AIR 1984 SC 858, 861.
of the same by the congregation, and a Nishan Sahib… The crucial
test is the existence of Guru Granth Sahib and the worship thereof
by the congregation and Nishan Sahib.”
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While holding that Guru Granth Sahib is a juristic person. Justice A.P.
Mishra speaking for himself and M. Joganadha Rao J. observed24
Sikhism grew because of the vibrating divinity of Guru Nanakji
and the ten succeeding Gurus, and the wealth of all their teachings
is contained in ‘Guru Granth Sahib’. The last of the living Gurus
was Guru Gobind Singh ji who recorded the sanctity of Guru
Granth Sahib and gave it the recognition of a living Guru.
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Thereafter it remained not only a sacred book but is reckoned as a
living Guru.
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Guru Gobind Singh expressed in no uncertain terms that henceforth
there would not be any living guru. The Guru Granth Sahib would
be the vibrating Guru. He declared, “Henceforth it would be your
Guru from which you will get all your guidance and answer.” It is
with this faith that it is worshipped like a living guru. It is with this
faith and conviction, when it is installed in any Gurdwara- it
becomes a sacred place of worship. Sacredness of Gurdwara is
only because of placement of Guru Granth Sahib in it… The
installation of Guru Granth Sahib is nucleus or nectar of any
Gurdwara. If there is no Guru Granth Sahib in the Gurdwara, it
cannot be termed as a Gurdwara. When one refers a building to be
a Gurdwara, he refers it so only because Guru Granth Sahib is
installed therein… It is very heart and spirit of Gurdwara.”
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Similar views were repeated by the Supreme Court in Shiromani
Gurdwara Parbandhak Committee v. Bagga Singh25. It held that the sine
qua non for an institution to be treated as Sikh Gurdwara is that there
should be established Guru Granth Sahib and worship of the same by
congregation, and a Nishan Sahib.
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Thus neither the Act nor the courts while interpreting the same referred to
Dasam Granth and/or its placement or necessity in a Gurdwara.
S. 134 of the Act: Section 134 of the Act contains grounds for the
dismissal of hereditary office-holders and ministers. Clause (g) of this
section provides that a hereditary office-holder or a minister can be
dismissed, inter alia, if he fails persistently to perform his duties in
connection with the management or performance of public worship or the
25 2003(1) RCR (Civil) 264 SC, followed in SGPC v. Harnam Singh 2003 (7)
SCALE 565, 575
management or performance of any rituals and ceremonies in accordance
with the teachings of Sri Guru Granth Sahib. It is to be noted that
persistent failure to perform duties relating to management or
performance of public worship or of any ritual or ceremonies which is
inconsistent with the teachings of GGS makes an office-holder liable for
dismissal. Thus the teachings of Guru Granth Sahib and not of Dasam
Granth or of any other writing are required to be followed by the office–
holders and ministers of Gurdwaras.
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GGS thus stands on an entirely different footing from other sacred books.
The analogy should be applicable to Dasam Granth as well though it is
not specifically mentioned therein.
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The Sikh Gurdwaras Act 1925 was enacted a little more than two decades
after the publication of Dasam Granth by Bhai Jawahar Singh of Bazar
Mai Sewan, Amritsar. It did not refer to Dasam Granth at all while Sri
Guru Granth Sahib is mentioned six times in it. Though Sikh history from
the times of Gurus was discussed in detail while debating the Sikh
Gurdwaras Bill in Punjab Legislative Council, but the Dasam Granth did
not receive the attention even once of a any legislator. Similarly, the
Courts have detailed discussion about conferring Guruship on GGS by
the Tenth Guru and also about its importance as heart and spirit of
Sikhism but mention of Dasam Granth is nowhere available in courts
proceedings just like legislative proceedings.
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Other Gurdwara Acts Just like the (Punjab) Sikh Gurdwaras Act, 1925,
Delhi Sikh Gurdwaras Act 1971 and Nanded Sikh Gurdwaras Act 1973
also essentially require belief, inter alia, in Sri Guru Granth Sahib by
everyone to be called a Sikh; but the reference to Dasam Granth is again
missing in these enactments as well.
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Some times it is argued that GGS and Dasam Granth both are sacred
books of the Sikhs. It is done to equate and show them as parallel to each
other. Such an argument brings to mind a similar argument in the case of
SGPC v. S.N. Dass26 before the Supreme Court. The respondents argued
that since Guru Granth Sahib is a sacred book like Bible, Geeta and
Quran and none of these holy books are juristic persons, therefore, GGS
could also not be termed as such. The Supreme Court while holding GGS
a juristic person said that the argument of the respondents “has no merit.
these other sacred books in that sense. GGS is revered in a Gurdwara like
a Guru, which projects a different perception. It is the very heart and
spirit of Gurdwara. The reverence of GGS on the one hand and other
sacred books on the other is based on different conceptual faith, belief
and application.”27 Thus Sri Guru Granth Sahib and DG cannot be equated simply by
arguing that both are sacred books because the former is much more than
a sacred book.
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There is no parallel between Guru Granth Sahib and Dasam Granth. The
former is a Guru, a living and everlasting Guru of the Sikhs, as ordained
by the Tenth Master while the later is a book, at the most a religious
book. Installation of Guru Granth Sahib alone in every Gurdwara is
required and only this should be done. Dasam Granth cannot be put as an
equal or parallel or alternative to Sri Guru Granth Sahib. No individual,
no book and nothing else can be equated with Guru Granth Sahib. It is a
Guru eternal of the Sikhs.
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It is evident from the preceding discussion that due notice of Sri Guru Granth Sahib as a
living Guru of the Sikhs is taken in the relevant legislative and judicial
proceedings. Therefore, no individual or institution can claim parity with
it.
<!--EndFragment-->
ocumentProperties> <o:Template>Normal</o:Template> <o:Revision>0</o:Revision> <o:TotalTime>0</o:TotalTime> <oages>1</oages> <o:Words>4338</o:Words> <o:Characters>24729</o:Characters> <o:Lines>206</o:Lines> <oaragraphs>49</oaragraphs> <o:CharactersWithSpaces>30368</o:CharactersWithSpaces> <o:Version>11.1287</o:Version> </oocumentProperties> <o:OfficeDocumentSettings> <o:AllowPNG/> </o:OfficeDocumentSettings> </xml><![endif]--><!--[if gte mso 9]><xml> <w:WordDocument> <w:Zoom>0</w:Zoom> <woNotShowRevisions/> <woNotPrintRevisions/> <wisplayHorizontalDrawingGridEvery>0</wisplayHorizontalDrawingGridEvery> <wisplayVerticalDrawingGridEvery>0</wisplayVerticalDrawingGridEvery> <w:UseMarginsForDrawingGridOrigin/> </w:WordDocument> </xml><![endif]--> <!--StartFragment--> SRI GURU GRANTH SAHIB AND DASAMGRANTH IN LEGAL LITERATURE
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Prof. Kashmir Singh
Guru Nanak Dev University, Amritsar
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Wherever my Satguru goes and sits, that place is beautiful, O Lord King;
The Guru’s disciples seek that place and take and apply its dust to their
foreheads.1
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Though more appropriately this hymn is applicable to every Gurdwara in
the present context because of presence of Sri Guru Granth Sahib therein
but the Sikhs undertake the pilgrimage to the places which are sanctified
by the presence of Gurus during their lifetime. Within India, seats of the
Five Sikh Takhts are the primary destinations for pilgrimage. Majority of
Sikh pilgrims to Patna Sahib and Hazur Sahib note it with amazement
that Guru Granth Sahib and Dasam Granth (DG) are seated with equal
majesty in the sanctum sanctorum. Then Hukmnamas from both the
Granths is taken in the morning and evening and are displayed with equal
reverence. Impliedly it is asserted by the Pujaris there that both the
Granths hold co-equal position and are equal in importance, both are also
claimed to be the pious uttering of the Gurus. Quite recently2 there is a
recommendation from Takht Patna Sahib for parkash of DG alongwith
Sri Guru Granth Sahib at three Takhts in Punjab also. To know the position
and status oftwo Granths, one should refer to the historical retrospect.
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Sri Guru Granth Sahib
After the completion of Granth Sahib in 1604, it was installed at
Harmindir Sahib. As per directions of Guru Arjan Dev, it used to remain
at Harmandir during day time and was taken to Guru’s room at Guru-ke-
Mahal in the evening after recitation of Sohila and Ardas. In the Guru’s
room, Granth Sahib was placed in the canopy at a higher pedestal and
Guru slept on the floor by its side. The Guru also enjoined the Sikhs to
consider the Granth Sahib equal to the Guru and make no distinction
between the two. Thus Guru Arjan, who himself compiled the Granth
Sahib, paid it so much reverence and respect that he sat and slept on the
floor and kept Granth Sahib at a higher place. Earlier the Guru had
personally gone to Goindwal to receive the manuscript of Guru’s hymns
(Pothi) from Bhai Mohan. The Sikhs carried the palanquin on their
shoulders in which the Pothi was placed and Guru Arjan walked behind
in reverence barefoot refusing to ride his horse saying that pothi was the
very spirit, the very light of the four Gurus, his predecessors.3 Not only
Guru Arjan paid so much respect to the Granth Sahib and the bani,
(revealed Word) composed in it, it was held in great veneration by the
earlier Gurus also before the completion of the Holy Volume. Guru Ram
Dass said, “The bani is the Guru and Guru the bani”4. Guru Amar Dass
said, “the word of the Guru is the Lord Formless Himself. There is none
other and nothing else which can be reckoned equal to it.”5 Guru Gobind
Singh, the tenth Master, brought an end to the line of personal Gurus on
October 6, 1708. He pronounced that Guru Granth Sahib will be the Guru
after him. Thus GGS became the everlasting Guru of the Sikhs. Guru’s
commandment is recorded by one of his associates6 as follows-
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In pursuance of the orders of the Eternal Lord, was the
(Sikh) Panth constituted. All the Sikhs are hereby
ordained to accept the Granth as their Guru. Have faith in
the holy Granth as your Master and consider it the visible
manifestation of the Gurus. Those who hath a pure heart
would seek guidance from the holy word as manifested in
the Holy Book to meet the Lord.
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Similarly Rahitnama by Bhai Nandlal also testifies the fact of succession
from Guru Gobind Singh to Guru Granth Sahib. Bhaiji was with the Guru
during his last moments and he records the last words of the Gurus as
follows:
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He who would wish to see the Guru,
Let him come and see the Granth.
He who would wish to speak with him,
Let him read and reflect upon what says the Granth.
He who would wish to hear his word,
He should with all his heart read the Granth
Or listen to the Granth being read.
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This was the answer of the Guru to the Sikhs who had asked him just
before his departure from the worldly sojourn, “Who would be their Guru
after him?” The Guru further told, whenever the Sikhs needed guidance
and counsel, they should assemble before the Granth in all sincerity and
decide their future line of action in the light of the teachings of the Master
embodied in the Granth, the noble ideas therein would live for ever and
show people the path of bliss and happiness.
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Macauliffe has rightly remarked 7, “The Granth Sahib, as already stated, is
to them the embodiment of their Gurus, who are regarded as only one
person; the light of the first Guru’s soul having been transmitted to each
of his successors in turn”.
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The Tenth Master bestowed Guruship on Granth Sahib as is evident from
the account of Guru’s contemporaries who were present at Nanded till his
last moments. He did not made any mention of Dasam Granth. So to
equate Guru Granth Sahib with Dasam Granth is almost blasphemous.
Even assuming that Dasam Granth was existing at the time of Guru
Gobind Singh, it cannot be the object of same respect as that of Granth
Sahib which was elevated to the status of Guru by the Tenth Guru
himself. This aspect of Sikh history is noted by the Supreme Court of
India in one of its judgments8 in the following words-
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“One of the most fascinating aspect of Sikhism is the
process which began with human Gurus, continued
during the period of duality in which there were human
Gurus and a collection of sacred writings and ended with
the present situation in which full authority is enjoined by
the scripture. In every respect, the scripture is what the
Gurus were”.
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When the line of living Gurus was ended with conscious
decision of Guru Gobind Singh, the last Guru, succession
was invested in a collection of teachings which was given
the title of Guru Granth Sahib. This is now the Guru of
the Sikhs.
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An important characteristic of the teachings of the Sikh
Gurus is their emphasis upon the message, the Bani. It is
this stress which made possible the transfer of Guruship
to the scripture.
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…Now this Sri Guru Granth Sahib is a living Guru of the
Sikhs. Guru means the guide. Guru Granth Sahib gives
light and shows the path to the suffering humanity
whenever a believer in Sikhism is in trouble or is
depressed he reads hymns from the Granth.
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It will be relevant to refer to the lines in a letter from Baba Ram Singh,
whose followers (Namdharis) claim in unending line of living Gurus and
include Baba himself as one of them. He wrote,” The Guru of Gurus is
Granth Sahib, the Word is Guru. Consider this as whole truth.”9
9 Quoted in Gopal Singh, History of the Sikh People, World Uni. Press, New Delhi. (1979) 607.
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Sikh Code of Conduct:
While passing on Guruship to Sri Guru Granth Sahib, the Tenth Master had authorized
the Guru Panth to act collectively and take decisions in the light of
revealed Word contained in it. Acting in that capacity, the Guru Panth has
adopted a Sikh Code of Conduct called Sikh Rehat Maryada (SRM) in
1945 after long deliberation to promote deeper religious cohesion and
uniformity in the Sikh conduct and observances. It has the approval of
Akal Takht Sahib, the supreme religious body and the Shiromani
Gurdwara Parbandhak Committee (SGPC), the premier statutory and
representative body of the Sikhs.
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The Code (SRM) ordains installation, reading and worshipping only of
Guru Granth Sahib in a Gurdwara and not of any other book. More
specifically Article V(e) ordains, “No book should be installed like and at
par with the Guru Granth.” Art. 1 defines a Sikh as any human being who
faithfully believes, inter alia, in Sri Guru Granth Sahib and the teachings of Ten Sikh
Gurus. Art. IV(e) prescribes the daily routine (Nitnem) of the Sikhs
which includes banis from Sri Guru Granth Sahib and also a few renderings of Guru
Gobind Singh. Then SRM prescribes devotional hymn singing (Kirtan)
only of Guru Granth Sahib’s or Guru Gobind Singh’s hymns, (Art.
VI(b)). The Sikh prayer (Ardas) as prescribed by the Code in Art. IV(3)
enjoins to seek the blessings of the Almighty, Ten Gurus and the Sri Guru Granth Sahib,
an embodiment of the light of all the Ten Gurus. And on conclusion of
Ardas, the individual or the congregation, as the case may be, should
respectfully genuflect before the revered Sri Guru Granth Sahib. It needs special notice
that the SRM nowhere makes a mention of Dasam Granth though it refers
to the teachings and utterances of Ten Sikh Gurus.
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Thus seating of Guru Granth Sahib and Dasam Granth side by side with
equal reverence is not in accordance with Sikh Code of Conduct It is
clerarly enjoined under the head ‘Gurdwara’ that no other book can be
installed like and at par with Guru Granth Sahib. In fact the Sikhs are
prohibited to worship any person or object other than Guru Granth Sahib.
Only GGS is to be installed in the sanctum sanctorum of every Gurdwara.
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Dasam Granth
When Guru Gobind Singh had to vacate Anandpur in 1705, multitudinous
literature including compositions of the Guru and 52 poets patronised by
him was destroyed. According to tradition, Bhai Mani Singh, the Head
Granthi of Sri Darbar Sahib from 1721 to 1738, collected manuscripts,
compiled the same which came to be known Dasvin Patshahi ka Granth.
Immediately after martyrdom of Bhai Mani Singh in 1737, some Sikhs
had questioned that some writings in Dasam Granth like Charitro
Pakhyan and Hikayats are not in consonance with the teachings of Gurus
and also with the spiritual and devotional compositions of Guru Gobind
Singh. They argued for the separation of these from the rest.10 This
controversy continued later on also.
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Besides Bhai Mani Singh, Baba Deep Singh during the mid eighteenth
century and Bhai Sukha Singh, Granthi at Patna Sahib, around the closing
years of that century had made collection of such writings independently.
All these versions differed with each other. Towards the end of nineteenth
century, Singh Sabha Amritsar constituted a Revising (Sodhak)
Committee which found 32 different versions of the Granth and after
examination and rectifications of the same published a report in 1897.
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The volume based on the report was published and was entitled, probably
for the first time, as Dasam Granth towards the turn of the last century.
In a brief introduction to Dasam Granth(DG) appended to a Hukamnama
of Takhat Patna Sahib issued on April 10, 2008 mentions that binding of
DG was got done in Samat Bikrmi 1755 which has signature of the Tenth
Guru and is available at Patna. The same document informs on the next
page that it is one of the 32 versions of the DG available in 1897.
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Ever since the existence of Dasam Granth, the controversy as to the
authenticity of authorship of its compositions has persisted. A good
number of Sikh scholars do not accept all the compositions in it from the
pen of Guru Gobind Singh. Celebrated authors like Khushwant Singh,
C.H. Lohelin, Mohan Singh Diwana and others challenge the contents of
some writings in Dasam Granth as plainly contrary to Sikh ethos and
principles, they question whether Guru Gobind Singh could write such
things.11 Dr. Rattan Singh Jaggi who has worked a lot on Dasam Granth
also doubts the authorship of some of the compositions in it.12 Others like
Prof. Harbans Singh, Dr. Jaswant Singh Neki, Prof. Nirbhai Singh, Dr.
Jodh Singh & Dr. Dharam Singh avoid entering into the controversy
neither accepting nor rejecting the authorship of the various compositions
by the Guru. Dr. Surinder Singh Kohli and Dr. Jodh Singh & Dharam
Singh have translated the Dasam Granth in English except the Charitro
Pakhyan and Hikayats for obvious reasons. Thus even the scholars who
have translated or explained the Dasam Granth are not clear and
categorical about its authenticity.
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A recent research13 explores that Mr. Colebrook, a British administrator
at Calcutta, procured Dasmi Patshahi Da Granth which was prepared by
Nirmalas at Patna in between 1781 and 1805 A.D. The same was placed
in British Library London catalogued as MSS Punjabi D5 and was
popularized by Britishers to create confusion and division amongst Sikhs.
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The researcher does not find any concrete evidence about the existence of
such a Granth prepared by Bhai Mani Singh or Baba Deep Singh in 18th
Century. By the end of 19th Century, 32 Birs of Dasam Granth prepared
from 1818 onwards including six printed ones were available in Punjab
out of which Sodhak Committee compiled and produced its version in
1897. The Committee failed to identify any one of those as the original
version. The Committee also deleted certain compositions like Vaar
Malkans, Vaar Bhagauti ji kee, Raag Asa and Raag Sorath Patshahi Das,
Majh Patshahi Das, Asptak Kabits etc., which were available in different
versions. Whether the Committee could amend/revise the Granth if it was
authored by the Tenth Guru and could any body authorize to do so and
were they (Sodhak Committee members) competent enough to handle
such an important assignment. The historian rightly questions, which is
the original bir of DG, when and where it was compiled or authenticated
by the Tenth Guru or Bhai Mani Singh?
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The 10th Guru did not include in Granth Sahib any bani which is now
included in Dasam Granth though the Guru had the opportunity to do so
while incorporating the bani of Ninth Guru in Granth Sahib. Guru Gobind
Singh had reportedly rejected the suggestion of getting both the Granths
bound together in one volume by saying, “This one is Adi Guru Granth,
the root book; that one (DG) is only my diversion. Let this be kept in
mind and let the two stay separate.” So a writing for recreation or pastime
cannot be equated with a compilation of divine origin upon which
Guruship was unequivocally conferred by the Guru Himself. A five judge
bench of the Indian Supreme Court aptly observed, “Guru Gobind Singh
enjoined on his followers that after him they should consider Guru Granth
Sahib as their Guru. They believe in Guru Granth Sahib which is a rosary
of sacred poems, exhortations etc”.14
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It may be noted that at no point of time, DG has got the universal
approval of the Sikhs. Controversy about its authorship has existed from
the right beginning. Because of this it has never commanded the same
respect as that of Sri Guru Granth Sahib amongst the general Sikh masses
though the Banis included in Nitnem alongwith some other writings of the10th Guru
like Khayal, Sawayye, Zafarnama etc. are attached utmost reverence by
every Sikh. The main reason for not attaching importance to Dasam
Granth is the doubts about its authenticity and authorship. So it need not
be thrust upon those who do not accept the whole of it as the writings of
Dasam Guru.
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Some reverents feel convinced that their Guru could not be an author of
writings like Chritropakhyan which are included in Dasam Granth, they
cannot be compelled to accept that the whole of Dasam Granth is from
the pen of Guru Gobind Singh. The number of Sikhs who fall in this
category has never been too small. Various Triya Chritars as contained in
DG denigrade the women as being not trustworthy. An organization
named Khalsa Nari Manch has challenged the supporters of DG as bani
of Dasam Guru to explain Triya Charitars in the presence of female
members of their families. But the brief introduction to DG in the April
10,2008 Hukamnama of Takhat Patna Sahib tries to justify the inclusion
of Triya Charitars in the DG. The matter should have been considered as
concluded after the Jathedar of Akal Takht and Singh Sahibans of Sri
Darbar Sahib have clearly held that Chritropakhyan is not a Dashmesh
bani, these are copies of old Hindu mythical stories.15
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One may refer to pertinent observations of S. Gurtej Singh, “the present
B.J.P led Government is engaged in foisting a spurious scripture
depicting Hindu Puranic tales, namely the so called dasam granth on the
Sikh people.”16 He quotes a member of the Parliament to reveal that “on
the pretext of celebrating the third centenary of the founding of the Order
Khalsa, the R.S.S. has been given a grant of Rs.16 crores (160 millions)
by the Government exclusively to popularize the DG among the Sikhs. In
all one hundred crore rupees have been kept aside to confuse the Sikhs on
the question of their spiritual and political identity. Determined attempts,
materially supported by the Government are being made to mislead the
Sikhs and to preach Hinduism to them in many subtle and not so subtle
ways.”17
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The SGPC had decided in 2000 to convene a sub-committee to resolve
the controversy. Jathedars of Five Takhts issued a directive from Akal
Takht on 14.5.2000 to restrain Sikh scholars from publicly commenting
upon DG but the same authority from the same pedestal withdrew the
prohibition on November 27, 2006.
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Though it seems clear that Guru Gobind Singh cannot be the author of all
the writings compiled under the head ‘Dasam Granth’ but the better
course will be to leave it to the individual judgment to accept the Dasam
Granth as the writing of the Tenth Master or not just like Ragmala. The
matter should be considered as concluded after the sage advice of the
Jathedar of Akal Takht on January 31, 2008. He said, “DG is
an important historical literary Granth of the Sikh Panth but it cannot be
treated at par with the Sri Guru Granth Sahib. Therefore the parkash of DG
cannot bedone parallel to Sri Guru Granth Sahib.” 18.
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Sikh Gurdwaras Act, 1925
Enactment of Sikh Gurdwaras Act is a landmark development in the Sikh
history of twentieth century. It was enacted about two decades after the
publication of Dasam Granth by the Sodhak Committee. Debates of
Punjab Legislative Council and subsequent interpretation of the Act by
the higher judiciary involve discussions and references to various Sikh
principles, institutions and the like. To find out any express or implied
reference to Dasam Granth, all these records are examined. But no
mention of or reference to DG is found in the discussions of the
provincial legislature during the period of two months, May 7 to July 7,
1925, when the Bill was before the Punjab Legislative Council.
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Objects of the Act: The main object and reason of the Act was to provide
a legal procedure by which Gurdwaras may be brought effectively and
permanently under Sikh control and their administration reformed so as to
make it consistent with the religious views of that community.19 In the
words of an official20, the object of the Act was, inter-alia, “to conduct all
rituals and ceremonies according to the Granth Sahib”. The official
concerned had rightly understood that the religious views of the Sikh
community mean to conduct all ritual and ceremonies according to the
Granth Sahib. It is to be noted that there is no reference at all to the
Dasam Granth in the objects and reasons of the Act also.Various provisions of the Act may be examined to find out any reference to Sri Guru Granth Sahib and DG
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Definition of ‘Sikh’: Now we proceed to examine. Section 2(9) of the
Act defined ‘Sikh’ as follows:
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‘Sikh’ means a person who professes the Sikh religion; if any
question arises as to whether any person is or is not a Sikh, he shall
be deemed respectively to be or not to be a Sikh according as he
makes or refuses to make in such manner as the local government
may prescribe the following declaration:
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I solemnly affirm that I am Sikh; that I believe in Guru Granth
Sahib; that I believe in the Ten Gurus and that I have no other
religion.
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Thus a person having faith/or belief only in Sikh religion and in no other
religion is a Sikh. He should believe in Guru Granth Sahib and Ten Gurus
only. So the definition of Sikh under the Act does not refer to or require
the belief in Dasam Granth which was got published by the Sodhak
Committee only two decades before the passage of the Act.
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Definition of ‘Amritdhari Sikh’ and ‘Sehajdhari Sikh’ were added to the
Act subsequently in 1944 and 1959 in sub-section (10) and (10A) of
section 2 of the Act. These also do not make any mention of Dasam
Granth. Same definition of ‘Sikh’ was adopted by the Sind High Court
where the Sikh Gurdwaras Act was not applicable. The High Court21
approvingly quoted Diwan Awat Singh Mehtab Singh’s Catechism of
Sikh Religion which answer question 19, ‘What is a Sikh’, as follows:
“Anyone who solemnly declares that he believes in ten Gurus and
their teachings; that besides the Gurus and Granth Sahib does not
recognize any other binding authority in religion, should be called
a Sikh”.
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The Sindh High Court has aptly distinguished Amritdharis and
Sehajdharis in that judgment22 as follows:
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“There is no essential or doctrinal difference between Amritdhari
Sikhs (Akalis, Khalsas or Singhs) and Sehajdhari Sikhs. The
former are distinguished by the fact that they go through a
ceremony of initiation or baptism and observe with strictness the
five kakkes; Sehajdharis are indifferent about these forms; but all
are Sikhs in that they believe in the Ten Gurus and Granth Sahib
and accept no other authority in religion”.
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The emphasis is rightly put on belief in Ten Sikh Gurus and Guru Granth
Sahib; no mention of Dasam Granth is available in the judgment. Dasam
Granth may be taken as ‘other authority’. To argue that ‘teachings of the
Gurus’ impliedly include the reference to DG cannot be accepted because
of specific mention of Sri Guru Granth Sahib which also incorporates the teachings of the
Gurus and also because of controversial authenticity of the DG.
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Sikh Gurdwara: The Sikh Gurdwaras Act 1925 does not define
‘Gurdwara’ or ‘Sikh Gurdwara’. But it seems to use the term ‘Gurdwara’
as inclusive of non-Sikh religious institutions as well. ‘Sikh Gurdwara’ is
the term used for exclusive Sikh institutions. The Gurdwaras about which
no doubt as to their Sikh character existed, were outrightly handed over to
the Sikhs by their inclusion into Schedule I of the Act and their
management was vested to be carried out as provided in Part III of the
Act. The nature of the remaining religious places whether those were
Sikh Gurdwaras or not was to be determined in accordance with the tests
in S. 16(2) of the Act by the Tribunal and the Court. Sub-section (2) of S.
16 incorporates two conditions on the fulfillment of which the Tribunal
can declare an institution to be a Sikh Gurdwara. The first condition is
that a religious place can be a Sikh Gurdwara only if it has been and is
being used for public worship by the Sikhs. The second condition relate
to the reason or purpose of the establishment of the Gurdwara. We shall
elaborate here only the first condition. It requires that- a) it should be a
place of worship; b) the Sikhs should worship it; and c) worship should
be public as distinguished from private. As the Sikhs worship only One
Formless God or Shabad as contained in Guru Granth Sahib, so only that
place can be a Sikh Gurdwara where Guru Granth Sahib is installed. Thus
the presence of DG is not envisaged in a Gurdwara. Even recent Patna
Sahib Hukamnama mentioned above recommends installation of DG only
at Sikh Takhts and not at all the Gurdwaras.
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Observations of Supreme Court: The Courts in India have correctly
appreciated the importance of Sri Guru Granth Sahib in a Sikh Gurdwara. A three Judge
bench of the Supreme Court23 while interpreting section 16(2) mentioned
the distinctive features of ‘Sikh Gurdwara’ as follows:
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The central object of the worship in a Gurdwara is Sri Guru Granth
Sahib, the holy book…A Sikh thus worships the holy words that
are written in the Guru Granth Sahib, the words or the Shabads
about the Eternal Truth or God. No idol or painting of any Guru
can be worshipped.
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…Gurdwara is a place where a copy of Guru Granth Sahib is
installed… There may be complexity of rooms in a Gurdwara…
But its pivotal point is the place of worship and the main room will
be that in which Guru Granth Sahib is installed where the
community gathers for diwan. The focal point in this room will be
the book itself.
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… The sine qua non for an institution being a Sikh Gurdwara is
that there should be established Guru Granth Sahib and the worship
23Pritam Dass v. Shiromani Gurdwara Parbandhak Committee Amritsar,
AIR 1984 SC 858, 861.
of the same by the congregation, and a Nishan Sahib… The crucial
test is the existence of Guru Granth Sahib and the worship thereof
by the congregation and Nishan Sahib.”
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While holding that Guru Granth Sahib is a juristic person. Justice A.P.
Mishra speaking for himself and M. Joganadha Rao J. observed24
Sikhism grew because of the vibrating divinity of Guru Nanakji
and the ten succeeding Gurus, and the wealth of all their teachings
is contained in ‘Guru Granth Sahib’. The last of the living Gurus
was Guru Gobind Singh ji who recorded the sanctity of Guru
Granth Sahib and gave it the recognition of a living Guru.
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Thereafter it remained not only a sacred book but is reckoned as a
living Guru.
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Guru Gobind Singh expressed in no uncertain terms that henceforth
there would not be any living guru. The Guru Granth Sahib would
be the vibrating Guru. He declared, “Henceforth it would be your
Guru from which you will get all your guidance and answer.” It is
with this faith that it is worshipped like a living guru. It is with this
faith and conviction, when it is installed in any Gurdwara- it
becomes a sacred place of worship. Sacredness of Gurdwara is
only because of placement of Guru Granth Sahib in it… The
installation of Guru Granth Sahib is nucleus or nectar of any
Gurdwara. If there is no Guru Granth Sahib in the Gurdwara, it
cannot be termed as a Gurdwara. When one refers a building to be
a Gurdwara, he refers it so only because Guru Granth Sahib is
installed therein… It is very heart and spirit of Gurdwara.”
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Similar views were repeated by the Supreme Court in Shiromani
Gurdwara Parbandhak Committee v. Bagga Singh25. It held that the sine
qua non for an institution to be treated as Sikh Gurdwara is that there
should be established Guru Granth Sahib and worship of the same by
congregation, and a Nishan Sahib.
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Thus neither the Act nor the courts while interpreting the same referred to
Dasam Granth and/or its placement or necessity in a Gurdwara.
S. 134 of the Act: Section 134 of the Act contains grounds for the
dismissal of hereditary office-holders and ministers. Clause (g) of this
section provides that a hereditary office-holder or a minister can be
dismissed, inter alia, if he fails persistently to perform his duties in
connection with the management or performance of public worship or the
25 2003(1) RCR (Civil) 264 SC, followed in SGPC v. Harnam Singh 2003 (7)
SCALE 565, 575
management or performance of any rituals and ceremonies in accordance
with the teachings of Sri Guru Granth Sahib. It is to be noted that
persistent failure to perform duties relating to management or
performance of public worship or of any ritual or ceremonies which is
inconsistent with the teachings of GGS makes an office-holder liable for
dismissal. Thus the teachings of Guru Granth Sahib and not of Dasam
Granth or of any other writing are required to be followed by the office–
holders and ministers of Gurdwaras.
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GGS thus stands on an entirely different footing from other sacred books.
The analogy should be applicable to Dasam Granth as well though it is
not specifically mentioned therein.
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The Sikh Gurdwaras Act 1925 was enacted a little more than two decades
after the publication of Dasam Granth by Bhai Jawahar Singh of Bazar
Mai Sewan, Amritsar. It did not refer to Dasam Granth at all while Sri
Guru Granth Sahib is mentioned six times in it. Though Sikh history from
the times of Gurus was discussed in detail while debating the Sikh
Gurdwaras Bill in Punjab Legislative Council, but the Dasam Granth did
not receive the attention even once of a any legislator. Similarly, the
Courts have detailed discussion about conferring Guruship on GGS by
the Tenth Guru and also about its importance as heart and spirit of
Sikhism but mention of Dasam Granth is nowhere available in courts
proceedings just like legislative proceedings.
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Other Gurdwara Acts Just like the (Punjab) Sikh Gurdwaras Act, 1925,
Delhi Sikh Gurdwaras Act 1971 and Nanded Sikh Gurdwaras Act 1973
also essentially require belief, inter alia, in Sri Guru Granth Sahib by
everyone to be called a Sikh; but the reference to Dasam Granth is again
missing in these enactments as well.
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Some times it is argued that GGS and Dasam Granth both are sacred
books of the Sikhs. It is done to equate and show them as parallel to each
other. Such an argument brings to mind a similar argument in the case of
SGPC v. S.N. Dass26 before the Supreme Court. The respondents argued
that since Guru Granth Sahib is a sacred book like Bible, Geeta and
Quran and none of these holy books are juristic persons, therefore, GGS
could also not be termed as such. The Supreme Court while holding GGS
a juristic person said that the argument of the respondents “has no merit.
these other sacred books in that sense. GGS is revered in a Gurdwara like
a Guru, which projects a different perception. It is the very heart and
spirit of Gurdwara. The reverence of GGS on the one hand and other
sacred books on the other is based on different conceptual faith, belief
and application.”27 Thus Sri Guru Granth Sahib and DG cannot be equated simply by
arguing that both are sacred books because the former is much more than
a sacred book.
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There is no parallel between Guru Granth Sahib and Dasam Granth. The
former is a Guru, a living and everlasting Guru of the Sikhs, as ordained
by the Tenth Master while the later is a book, at the most a religious
book. Installation of Guru Granth Sahib alone in every Gurdwara is
required and only this should be done. Dasam Granth cannot be put as an
equal or parallel or alternative to Sri Guru Granth Sahib. No individual,
no book and nothing else can be equated with Guru Granth Sahib. It is a
Guru eternal of the Sikhs.
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It is evident from the preceding discussion that due notice of Sri Guru Granth Sahib as a
living Guru of the Sikhs is taken in the relevant legislative and judicial
proceedings. Therefore, no individual or institution can claim parity with
it.
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