R Sedhuraman

Legal Correspondent

New Delhi, January 4

The Supreme Court today agreed to give a serious consideration to a PIL against Sardar jokes as the ban plea received support from Sikh bodies.

“Since the Sikh community is behind you, we have to consider the plea seriously,” a Bench headed by Chief Justice TS Thakur told Harvinder Chowdhury, the PIL petitioner.

The Bench, which included Justices AK Sikri and R Banumathi, made the remark after the petitioner pleaded that the Delhi Sikh Gurdwara Management Committee (DSGMC) had already filed a petition but this was not listed for hearing today. Several other Sikh bodies had expressed their support to her and were in the process of approaching the SC, she said.

Initially, the Bench was reluctant to go into the issue, observing that the Sikh community did not mind such jokes as it was large hearted and had the capacity to laugh at itself.

It also asked the petitioner as to who would identify the jokes that were intended to show Sardars in bad light and make fun of them as people with low intellect.

The Bench sought the opinion of Additional Solicitor General PS Patwalia, who was present in the court, on the petitioner’s plea. Even before Patwalia could respond, the petitioner took exception to the move. The ASG said the petitioner need not be apprehensive about anyone or anything as her plea would be taken very seriously.

The petitioner suggested the SC should at least issue some directives on the lines of the Visakha guidelines meant for preventing sexual harassment of women at work places. Sikh children had become a subject of ridicule in schools and this should be stopped to protect their human rights, she pleaded.

At this, the Bench said it would hear all petitions on the issue together and adjourned the hearing, without specifying any date.

In her petition, she has contended that about 5,000 websites were hosting Sardar jokes thereby promoting enmity between various sections of society.

According to the petitioner, these jokes seek to project Sardars and Sikhs as stupid and foolish, overlooking their contribution to the freedom struggle and defending the country by serving in the armed forces, besides to agriculture and sports.

She said her three children doing professional courses had always been made fun of by their classmates right from their schooldays, prompting her to take up the issue with several educational institutions.

In the criminal writ petition, she said such jokes violated the Sikhs’ fundamental right to a life of dignity guaranteed under Articles 14, 21 and 25 of the Constitution, besides being prejudicial to the maintenance of harmony and in breach of Section 153A and 153B of the Indian Penal Code.