 "The world's first Sikh court opens in London: How will it work?")
The 15th-century Old Hall in Lincoln’s Inn was filled with Sikh chants, echoing loud around the panelled walls, last Saturday.
Beneath portraits of England’s 17th-century judiciary, 46 Sikh magistrates and judges took an oath to uphold the principles of justice, equality, and integrity as prescribed by the teachings of the Sri Guru Granth Sahib Ji and the Sikh faith, say media reports. Notably, most of them were women.
This was the launch event for the world’s first Sikh court in London. Here’s everything we know about it.
The founding of the Sikh court
The court was founded by Sikh lawyers who believe secular judges lacked the religious and cultural expertise required to resolve Sikh disputes. They believe the court will serve as an alternative dispute resolution forum for UK-based Sikhs involved in family or civil disputes, says Global Sikhs, a community blog.
“The Sikh Court is an alternative dispute resolution (ADR) based on a ‘Med-Arb’ framework, a forum created by Sikh and non-Sikh lawyers and judges from around the world to resolve disputes within the Sikh community,” said the Sikh court chief judge Baldip Singh, an international family law barrister at No 5 Chambers in London. He also serves as the chairman of the Sikhs in Law Association.
He stated that the initiative was intended to support the judicial system and collaborate in dealing with disputes that currently clog the ever-increasingly burdened judicial system and that with lengthy delays in listing, the UK courts were simply understaffed and under-resourced.
Impact Shorts
More Shorts“The Sikh court is a good idea because it allows justice to reach more people, particularly those who cannot afford it because litigation is costly and not everyone has access,” said Gurprit Kaur Mattu, a barrister from London-based law firm N05 Chambers, who has been appointed as one of the judges. Her sister, Amarjit Kaur, has been appointed as a magistrate in the Sikh court, reports Asia Samachar.
If successful, the initiative could serve as a valuable model for Sikhs in other parts of the world looking to establish similar systems.
How the court will work
The new court will operate remotely and in person and will comprise around 30 magistrates and 15 judges, of whom most will be women. The magistrates will mediate between parties to negotiate a settlement and direct them to a course to help them work on specific issues, according to a report in The Times.
Created following discussions with Sikh charities, the courses would cover low-level domestic violence, anger management, gambling and substance misuse, and are available in Punjabi and English. If mediation is unsuccessful, a case can be brought in front of a Sikh court judge, who can give a legally binding judgment under the Arbitration Act, reports PTI.
Baldip Singh said that under the rules of the new court both parties in a case would have to consent to participating.
“If we think that there are really significant safeguarding issues that we cannot deal with and should not deal with they will be directed to the appropriate place. We’re not here to take over and upset the English courts,” said Sharan Bhachu, a barrister reportedly sworn in as the “lead family judge” for the new Sikh court last week.
One of the Sikh court’s primary functions is to provide mediation and arbitration services to resolve civil and family disputes within the Sikh community, thereby reducing strain on court resources. Another potential advantage of the initiative is that it will value Sikh values in dispute resolution while also promoting inclusion.
“As the world’s first such court, this was Sikh history in the making and yet another expression of Sikh sovereignty. Though there were some objections, it was comforting to know that the entire project was carried out with the blessing/endorsement of Akaal Takht Amritsar,” said Dr Gurnam Singh, professor of Sociology at the University of Warwick and an active columnist at Asia Samachar.
With inputs from PTI
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