By Harchand Singh Just as stating something on oath by using the word ‘God’ or *Guru’ is considered blasphemy in Sikh religion, so also the act of giving a testimony by touching or holding the Sikh scripture in one’s hands is forbidden in Sikhism. How does than a Sikh behave when required to testify with regard to issues that are the subjects of court action?
Very Simple.
Under the law of the land, the Canadians are required to choose ‘one of the methods when they are asked to testify in the lawyer’s office or in the court room. The ‘two methods are:
- Testifying after taking an oath
Holding the Bible in his/her hand, an individual states: “I will tell the truth, the whole truth, and nothing but the truth.”
Testifying after making a solemn declaration
Raising his/her right hand, an individual states: “I affirm that I will tell the truth, the whole truth and nothing but the truth.”
A Canadian citizen, whether he is a Christian, a Jew, a Moslem or a Sikh, is entitled to choose any of the above two forms when testifying in a court or in a lawyer’s office. The second of these methods, known as TESTIFYING BY AFFIRMATION, fits well with Sikh beliefs and practices. When required to testify in the court, a Sikh should always prefer this method.
Some questions may be raised here.
Q-1. Is the Sikh allowed to take an oath by holding a Bible in his hand?
Ans. Yes, he is perfectly justified under the law to do so. But, a Sikh should avoid doing so. ‘The moment he agrees to swear by the Bible, he may be asked by the other party (the lawyer of the other party) to swear by holding the Sikh Holy Book in his hand).
Q-2. Can someone in the court or the lawyer of the other party force me to taken oath by holding the Bible in hand?
Ans. No. You cannot be forced to do that. When faced with such a situation, respond by saying: “I am a Sikh. I do not think it right on my part to swear by the Book which is not a scripture of my faith.” (A supplementary question could come in the following form.)
Q-3. Can you swear by taking the Sikh Holy Book in your hands?
Ans. No. I cannot do that either. The Sikh tradition does not permit me to do that.
Q4. Why as a Sikh you do not want to swear by Guru Granth Sahib?
Ans. There are two reasons for this;
- Guru Granth Sahib is not a ‘mere scripture. It is much ‘more than that. It is a living Guru, a living spiritual guide of the Sikhs, Taking. One’s Guru to the court constitutes an act of grave sacrilege on the part of the Sikhs.
- Whether inside or outside the court room, the act of giving evidence by holding in hand the Sikh Holy Book or any part of, is not permitted in Sikh religion.
Q-5. Can take a ‘gutka’ to the court and use it at the time of ‘oath taking?
Ans. The holy Word contained in the gutka is a part of the Guru Granth Sahib. The Sikh tradition does not allow the taking of gutka to the court for purposes of oath taking.
Q-6. What if the other party providing me a gutka in the court, presses me to swear by it? Am I within my rights to decline to do so?
Ans. You are perfectly within your rights to refuse to swear by taking a gutka in your hand. The Jaw is on your side.
A Short Route
It is good to anticipate and be prepared to answer questions regarding oath-taking. But if you so desire, you need not answer any of the questions raised by the lawyer of the opposite party of this subject. You must know just one thing namely, that you have the right to TESTIFY BY AFFIRMATION. This means you need not swear by any religious book whatsoever. You have the option to testify, by merely making a declaration after raising your hand:
“I AFFIRM I WILL TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.”
After making this declaration, you ‘can proceed with your testimony whether it is in the lawyer’s office or in the court room.
If the lawyer of the opposite party persists in asking any of the questions listed above or some other questions like these, silence him by saying:
“Sir, I have exercised my right to testify by affirmation. No ‘more questions on this subject, please.”
An Act of Sacrilege
‘An individual who, in one way or another, becomes instrumental in taking Guru Granth Sahib or the Gutka to the court room, renders himself guilty of committing a grave sin in the eyes of his Guru, Such acts of sacrilege, done primarily for petty material gains, will never be forgotten by the Guru. It is necessary to stress upon this point, since some of my misguided brethren at the West coast, having indulged in such demeaning acts have been a sources of shame and agony to the entire Sikh community.
Article extracted from this publication >> June 20, 1986
