Introduction:

The Calcutta High Court recently intervened in a case where the ‘Gurudwara Chhota Singh Sangat’ excommunicated an individual from the Agrahari Sikh community due to a matrimonial dispute involving his son. In a significant ruling, Justice Sabyasachi Bhattacharya set aside the order of excommunication, emphasizing that such extreme actions infringe on the individual’s fundamental rights, specifically the right to live with dignity under Article 21 of the Constitution.

Arguments:

The petitioner, a member of the Agrahari Sikh Community and the Gurudwara Chhota Singh Sangat, faced excommunication due to a dispute between his son and daughter-in-law. The respondents argued that the petitioner’s lack of response to communications and the daughter-in-law’s plight justified the drastic step. The petitioner contended that the matter belonged to the civil court, and the Gurudwara had overstepped its authority by taking actions unrelated to religious matters.

Court’s Judgement:

Justice Bhattacharya, delving beyond legal questions, asserted that the petitioner’s fundamental right to live with dignity was violated. The court held that the alleged matrimonial dispute falls within the jurisdiction of the civil court, and the petitioner cannot be held responsible for the actions of his son and daughter-in-law. The Gurudwara’s reasoning for excommunication lacked religious relevance, and it was deemed unconstitutional.