“Important issue”: SC calls for sensitisation against jokes on Sikhs, Sardars

The Supreme Court on Thursday emphasised the need to sensitise children and communities against offensive jokes targeting Sikhs and Sardars, calling it an “important issue”.

A bench of Justices Bhushan R Gavai and KV Viswanathan, hearing a 2015 public interest litigation (PIL) seeking a ban on such jokes, suggested exploring practical measures to address the problem.

“It is an important issue… see if children in schools can be sensitised, and other measures can be taken,” the bench remarked.

The PIL, filed by Sikh lawyer Harvinder Chowdhury, argues that jokes ridiculing Sikhs and Sardars violate the community’s right to equality and dignity, as enshrined in the Constitution.

Chowdhury urged the court to direct the government to take steps to remove such jokes from websites and social media platforms, highlighting their harmful impact on the Sikh community’s self-respect and social standing.

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During the hearing on Thursday, Chowdhury recounted personal experiences of humiliation and explained how the community’s unique identity, including turbans and traditional attire, often made them targets for mockery.

“I was in the high court arguing when the clock struck 12, and my case number was also 12. I was ridiculed,” she said.

Chowdhury also expressed concern over the bullying of Sikh children in schools, adding that such treatment pressures some to disassociate from their Sikh identity.

The bench then asked Chowdhury and the Delhi Sikh Gurudwara Management Committee (DSGMC), which has backed the petition, to propose actionable suggestions.

The court assured that these recommendations would be examined in due course to see how far the judiciary could intervene in enforcing solutions.

Chowdhury’s PIL called for the Union ministry of telecom and the ministry of information and broadcasting to implement filters to prevent offensive content from being uploaded or circulated online.

Chowdhury proposed that offenders responsible for creating or sharing such content should be made to pay compensation into the National Legal Aid Fund, suggesting financial penalties as a deterrent. Chowdhury’s petition claimed that her own children were reluctant to retain their surnames, “Singh” and “Kaur,” fearing embarrassment.

During the previous hearings of this case, DSGMC argued that such jokes perpetuate harmful stereotypes and diminish the Sikh community’s dignity. Its lawyers highlighted the widespread circulation of these jokes on social media, claiming that they have caused significant hurt and alienation among Sikhs.

Thursday’s hearing marked the resumption of the case after a seven-year gap. In earlier deliberations, the Supreme Court had acknowledged the gravity of the issue but also raised concerns about the feasibility of regulating humour and social behavior. In a 2017 hearing, the court remarked: “How can we stop people from cracking jokes? Who will regulate this?” It further questioned whether it could lay down “moral guidelines” for society to prohibit jokes targeting specific communities.

The court had at the time drawn a distinction between this case and landmark rulings like the Vishaka guidelines, where systemic issues of gender-based harassment at the workplace were addressed. “There (in Vishaka), the issues of dignity and respect for an entire gender arose. We had certain international conventions and covenants to rely on. But here, how can there be guidelines specific to one community and one aspect — jokes?” the bench had observed.

Despite the challenges, the top court on Thursday indicated that its focus now is on identifying measures that can guide the court’s approach within the framework of enforceability. The court is expected to hear the matter again after six weeks.