Supreme Court weighs ban on sardar jokes, urges steps to sensitise society against Sikh stereotypes

The Supreme Court of India has underscored the importance of addressing the circulation of offensive jokes targeting the Sikh community, emphasising the need to sensitise both children and society at large. The remarks came during a hearing on Thursday in a 2015 public interest litigation (PIL) filed by Sikh lawyer Harvinder Chowdhury, seeking a ban on such jokes, reported Hindustan Times.

Sikh Community’s Right to Dignity

A bench of Justices Bhushan R Gavai and KV Viswanathan expressed the court’s commitment to examining actionable measures to curb the problem, describing it as an “important issue.”

“See if children in schools can be sensitised, and other measures can be taken,” Hindustan Times quoted the Supreme Court bench remarked, highlighting the need for grassroots-level awareness.

Chowdhury’s PIL argues that jokes portraying Sikhs and Sardars as intellectually inferior undermine their constitutional rights to equality and dignity. She called on the court to direct government agencies to filter and prevent offensive content on digital platforms, citing the significant harm these stereotypes inflict on the community.

Personal Experiences of Sikh Community

Chowdhury recounted instances of ridicule stemming from these stereotypes, including being mocked in professional settings. “I was in the high court arguing when the clock struck 12, and my case number was also 12. I was ridiculed,” LiveLaw quoted Chowdhury.

Harvinder Chowdhury also drew attention to the challenges faced by Sikh children in schools, many of whom experience bullying tied to their identity. This, Chowdhury said, pressures some to dissociate from traditional Sikh identifiers like the turban or surnames such as “Singh” and “Kaur.”

Delhi Sikh Gurudwara Management Committee’s Support

The Delhi Sikh Gurudwara Management Committee (DSGMC), supporting the petition, argued that such jokes perpetuate damaging stereotypes and erode the community’s social dignity.

DSGMC’s representatives highlighted the prevalence of these jokes on social media and their far-reaching consequences on the Sikh community’s morale.

Proposed Solutions to Tackle the Issue

The court encouraged Harvinder Chowdhury and DSGMC to consolidate and present actionable recommendations. Among the proposed measures was a suggestion to introduce filters for offensive content on websites and social media platforms, which could be enforced by the Union Ministry of Information and Broadcasting and the Ministry of Telecom.

Another notable suggestion was to impose financial penalties on creators and sharers of such content, with compensation directed to the National Legal Aid Fund to act as a deterrent.

Historical Context of the Sikh, Sardar Joke Issue

The controversy around jokes targeting the Sikh community is not new. In 2007, a Mumbai-based publisher was arrested for distributing a book containing derogatory Santa-Banta jokes.

The issue gained further momentum in 2015 when Chowdhury filed the current PIL, persisting in her claim that these jokes are deeply humiliating and harmful to the community’s self-esteem.

During earlier hearings, the Supreme Court had initially hesitated to intervene, noting that many Sikhs themselves seemed to enjoy such humour. However, Chowdhury argued that the jokes trivialised the community’s cultural heritage, with significant repercussions on their social and emotional well-being.