The PIL has been filed seeking a ban on websites that spread jokes portraying the 'Sardar' community as "persons of low intellect, stupid, and foolish."
The petitioner(s) today drew the Supreme Court's attention to the grievances of women and children in the Sikh community, highlighting that they are subjected to ridicule and bullying, yet their concerns remain unaddressed.
A bench of Justices BR Gavai and KV Viswanathan adjourned the matter for 8 weeks after hearing the petitioner and advocate Harvinder Chowdhury, who requested time to consolidate her own suggestions along with those from the Sikh Gurudwara Management Committees.
To recap, the issue was initially raised in March 2007 following a complaint by Sikh businessman Mohinder Nanksingh Kakar. In response, Mumbai-based publisher Ranjit Parande was arrested for publishing a book on Santa-Banta that allegedly contained "derogatory" jokes targeting the Sikh community.
In 2015, Chowdhury filed the present PIL, arguing that the jokes targeting the Sikh community are demoralizing and need to be taken seriously.
A bench led by then Justice TS Thakur initially expressed reluctance, suggesting that even members of the community enjoyed the jokes. However, Chowdhury persisted, emphasizing that these jokes led to the humiliation and insult of Sardars, to the extent that some children no longer wished to carry the 'Kaur' and 'Singh' titles in their names to avoid being ridiculed.
The Delhi Sikh Gurudwara Management Committee (DSGMC) and the Shiromani Gurudwara Prabandhak Committee also approached the Court with separate petitions. The DSGMC sought the framing of "guidelines to curb the menace of social, racial, religious, and ethnic remarks, abuses, or jokes," and requested a direction for the state to implement these guidelines through law enforcement agencies at all public places.
In the same year, the Court directed the petitioners to propose suggestions on what actions could be taken "within judicial dimensions." In response, the Shiromani Gurudwara Prabandhak Committee submitted suggestions and requested that the jokes, which they argued amounted to "racial slurs" and "racial profiling," be included within the definition of 'ragging' in educational institutions.
A setback to the petitioners occurred in 2017, when a bench led by then Justice Dipak Misra ruled that the Court could not pass any guidelines banning or curbing jokes about the Sikh community. However, despite this, the matter remained pending.
Today, a counsel appearing in the matter informed the Court that, following its oral directions, certain guidelines had been framed by a former High Court judge (Chairman of a Committee). The counsel suggested that the Union be asked to respond to these guidelines.
Advocate Harvinder Chowdhury, appearing in person, further added that two interim applications have been filed: (i) on behalf of the International Sikh Women Council, representing over 30 lakh women, addressing the bullying faced by Sikh women due to their attire, and (ii) on behalf of Guinness World Records laureate Dr. JP Singh, highlighting the bullying experienced by children.
Chowdhury recapitulated that she had previously filed suggestions on behalf of the Haryana Sikh Gurudwara Management Committee, Patna Saheb Gurudwara Management Committee, and a committee formed under the directions of a bench led by then Justice TS Thakur. This committee included psychologists, psychiatrists, sociologists, and individuals working for the welfare of children.
However, later, the petitioners in the two interim applications approached her, raising the grievances of Sikh women (who were allegedly ridiculed for wearing turbans and 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 emphasized the mental toll of the humiliation faced by members of the Sikh community, which numbers over 3 crore, due to the jokes and bullying directed at them. She added that Sikhs endure this psychological impact with every instance of ridicule, and she personally has 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 this is an important matter, and efforts should be made to sensitize children in schools. In response, Chowdhury stated that while such efforts are being made, they have not been effective. She also pointed out that a major issue lies in cyberbullying.
Case Title: HARVINDER CHOWDHURY Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 160/2015
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