An Issue Of Justice
Questions, criticism, and the world's first Sikh Court
In our age of division, how can justice be guaranteed?
The world's first Sikh Court, established in London in June, has attracted supporters and critics. They are all busy seeking to solve this question, but are arriving at strikingly different answers.
"We've found, generally, a lot of people have been supportive—and curious," said Harjap Singh Bhangal, a lawyer who is a lead judge for investigations and fact-finding at the Court.
"They want to know exactly what it is, how we do it, and we're more than happy to do that."
The Sikh Court is an alternative dispute resolution (ADR) forum, where the Court serves as an independent body that mediates and arbitrates between disputing parties. In mediation, a Magistrate would facilitate an agreement between the parties. Issues which mediation does not resolve move to arbitration, where a Judge hears the dispute and evidence, and makes a legally binding decision.
Using the Arbitration Act 1996's framework, the Court handles family and civil disputes, from separations to contractual disagreements. It will not hear disputes such as criminal inquiries or investigations, or ones involving severe safeguarding issues regarding adults or children, which would be referred to other responsible bodies.
Bhangal said the ADR model is a cheaper and less time-consuming option than formal trials, especially considering the backlogs in the UK court system. The Court has not begun taking cases yet, but Bhangal said it is reviewing applications for varied disputes, such as contractors claiming they are owed money.
The Sikh Court comes amidst wider concerns about the UK's backlogged justice system, an issue which restrictions or delays caused by COVID-19 likely exacerbated.
The Ministry of Justice's statistics show that, between 2020-23, the number of outstanding magistrates' court cases were all higher than in 2014-19. Likewise, the Crown Court's number of outstanding cases has been rising since 2019, reversing a previous decline in outstanding case numbers.
2023's number of outstanding magistrates' courts cases was more than 110% of the number in 2014, the earliest date for which this data is available.
The time it takes for defendants to progress through the justice system has also risen. In 2023, the median criminal case's defendant in the magistrates' court would wait more than six months to go from committing an offence to their case being completed.
In the Crown Court, the median defendant would wait for more than a year.
Due to pre-election restrictions on announcements, the Ministry of Justice was unable to comment on the backlog of cases.
The Court's website states: "A key motivator for setting up the Sikh Court is to provide a place for resolution of these sorts of disputes, particularly where cultural and religious sensitivity is key in making the parties feel at ease."
It highlights how its judges and magistrates are fluent in English and Punjabi, and familiar with Sikh religious and cultural values.
However, Dr. Prakash Shah, a specialist in religion and law at Queen Mary, University of London, argued that the justice system already recognises minority needs.
“Is there a plausible argument to say that the legal system in this country is not responsive? I would really question the claim,” he said.
Dr. Shah pointed to how minority groups routinely use legal mechanisms such as introducing expert evidence from individuals familiar with a culture or faith.
Rajvinder Jagdev, a solicitor and trustee of the Khalsa Jatha, Europe's oldest Sikh temple, agreed that the English justice system was well adapted to cultural needs.
Jagdev added: “There seems to be excitement in the community about having a forum in which disputes within the Sikh community can be resolved according to English law, but with Sikh judges and arbitrators and mediators.”
In his view, the Court offers quicker, cheaper dispute resolution compared to conventional courts. He praised it for promoting safety and transparency via practices like safeguarding policies, an independent review panel, and the publication of rationales for its decisions.
"I don’t see the Sikh Court as being a Sikh Court as being a forum for pushing one ‘flavour’ or another, if I can put it that way," he said.
"At the end of the day they’re applying English law and nothing else."
While Dr. Shah stressed that he did not wish to prematurely judge the Court's effectiveness, he expressed concerns about the Court potentially inserting itself between the state and citizens, and thereby covering up problems like domestic violence within a community.
"What I see at the moment is not very encouraging," he said.
“I think that remains to be seen, whether Sikhs are actually drawn to it.”
In contrast, Jagdev said he would recommend the Sikh Court as a dispute-resolution option. His explanation can be viewed in full below.
Critics of the Court have expressed particular concern about how it will treat women.
Southall Black Sisters (SBS), a charity which protects black and minoritised women and women facing violence, has been vocal in arguing that the Court's existence is harmful.
"There’s duress baked into the model of using an alternative dispute resolution format," said Sanskriti Sanghi, SBS' Community and Campaigns Officer.
As the ADR format requires both parties to consent to arbitration or mediation, Sanghi said it was unsuitable for domestic abuse cases. She fears victims will be pressured into consenting to mediation by abusers or their community, instead of pursuing formal legal remedies.
"Women will potentially be coerced, and there will be very little recourse for them," she said.
Sanghi also questioned the Sikh Court's claim that it existed to remedy legal backlogs, arguing that its founders should have focused on improving existing courts rather than establishing what she called a parallel legal system.
Dr. Sukhwant Dhaliwal, a senior lecturer at London Metropolital University who works with SBS, also questioned the extent to which the Court was secular.
"This is where religious identity politics becomes quite murky," she said. She compared the Sikh Court to religious arbitration groups, referring to how SBS has submitted evidence to Parliament alleging that religious arbitration compromises women's rights and autonomy.
In the accompanying video, Dr. Dhaliwal discusses her Sikh heritage and her concerns that the Court will promote fundamentalist strains of Sikhism.
"This is where religious identity politics becomes quite murky."
"Those criticisms are baseless," Bhangal said about the claim that the Court could promote fundamentalism.
He said it will only employ English law, and that the principles Sikhs abide by—such as working hard, not lying or cheating, and performing selfless service—are compatible with English law.
"There are no Sikh laws to impose," he said. While he said the Court was named the Sikh Court because its founders are Sikhs, he said it was open to all and had received applications from non-Sikhs to hear cases.
Consequently, he denied that the Sikh Court resembled religious arbitration groups, and said it would not introduce parallel legal systems, but instead help resolve legal backlogs cost-effectively.
Regarding the allegations that the Court would endanger women, he pointed out that 70% of the Court was made up of women, and that its judges and magistrates are all currently undergoing training from anti-domestic-violence agencies.
Bhangal said he had worked to raise awareness of domestic violence and to encourage people to report these crimes.
"Instead of a criticism, we see this as a positive: if there is anything going on, and it hasn't been picked up, then we can pick that up and refer it to the agencies," he said.
"We feel that this is something we can aid in."
Bhangal said the fact that these criticisms were made before the Court had opened or heard cases made him feel that critics had made their minds up in advance, or had alternative agendas.
"It's like, if England are playing today, why am I going to judge them before I've even watched the game?" he said.
Bhangal stressed that the Court was ready to engage with critics and answer their questions.
In the accompanying video, he provides his message to those critical of or unfamiliar with the Court's work.
The newness of the Sikh Court means that many groups are still deciding how they will respond to it.
Sikh Women's Aid, Karma Nirvana and H.O.P.E Training have been meeting on behalf of concerned partners in the Violence Against Women and Girls Sector with the Sikh Court to share its concerns and look at a way forward. This process is currently ongoing, and the group is not in a position to comment further yet.
Despite the statements given by the Court and those commenting on it, this issue is still in its developing stages.
What does, however, seem likely is that, when the Court begins to hear cases and their results come under scrutiny, the questions and criticisms around it will only grow.
Infographic image credits (top to bottom):
First infographic:
The Khanda, the symbol of Sikhism. Public domain / Wikimedia Commons
Map of Punjab. Ktims at the English-language Wikipedia / CC BY-SA 3.0 via Wikimedia Commons
The Golden Temple gurdwara. Bernard Gagnon / CC BY-SA 4.0 via Wikimedia Commons.
Second infographic:
Sikh articles of faith (kangha, kara, and kirpan). Harisingh at the English-language Wikipedia / CC BY-SA 3.0 via Wikimedia Commons
Vaisakhi parade in Handsworth, Birmingham. Michael Clark / CC BY-SA 3.0 via Wikimedia Commons
Sikh man in Agra. Yann / CC BY-SA 3.0 via Wikimedia Commons
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