LI Network
Published on: January 24, 2024 at 11:17 IST
The Calcutta High Court has overturned an excommunication order by the ‘Gurudwara Chhota Singh Sangat’ against a petitioner, who was excommunicated from the entire Agrahari Sikh community.
The excommunication was a result of an alleged matrimonial dispute involving the petitioner’s son and his wife.
In quashing the excommunication order and instructing the respondent office-bearers to pay the petitioner a sum of Rs 1.5 lakhs as compensation for the endured harassment, Justice Sabyasachi Bhattacharya, in a single-bench ruling, stated:
The act of excommunicating an individual from an entire community, affecting not only religious ties but also social relationships, is an extreme measure that impacts a person’s normal life and the right to live with dignity.
The petitioner cannot be held responsible for a dispute between his son and daughter-in-law, and such an innocuous reason cannot justify the severe step of social, religious, and economic excommunication. This action is palpably violative of Article 21 of the Constitution, which guarantees the right to life.
The petitioner argued that the excommunication directly infringed upon his fundamental rights under Article 21, namely, the right to life and the right to live with dignity.
The Court found that the alleged matrimonial dispute was under the jurisdiction of the civil court and that the father of one of the spouses could not be implicated in the matter.
The Court emphasized that Gurudwaras could offer religious guidance to their members, but in this case, the reason for excommunication had nothing to do with religion.
Consequently, the excommunication order was annulled, and the court imposed costs on the respondent office-bearers for passing such an order.
For the severe harassment and trauma suffered by the petitioner due to this unconstitutional act, the respondents were individually directed to pay costs of Rs. 50,000 each to the petitioner, totaling Rs. 1,50,000, within two weeks from the date of the judgment.
Case: Sardar Lalu Singh v The State of West Bengal and others