Sacred distinctions: Law and the political regulation of Sikh Gurdwaras in British Columbia

Abstract

AbstractSince the 1990s, a sizeable body of case law has formed in the Canadian province of British Columbia in response to disputes over the political leadership of local gurdwaras, the name for Sikh places of worship and assembly. Although the disputes stemmed from religious and political disagreements, the legal issues addressed by the courts concern the proper bureaucratic administration of Sikh institutions that have been legally incorporated as nonprofit “societies.” Through a textual analysis of 55 legal decisions related to gurdwara leadership disputes, this article explains how the courts have decided these cases without ceding the pretense of secular neutrality by mobilizing a series of shifting discursive distinctions between religion, politics, materiality, civil society, and bureaucratic procedure. Building on critical secular and sociolegal theory, this article tracks how law is able to establish and extend the state's jurisdiction over Sikh practices and populations through its capacity to inscribe and delimit the social and political parameters of religion. It illustrates how this case law serves as a mechanism of racial governance by extending forms of surveillance and legal intervention that work to embed the diasporic practices of Sikh communities within the spheres of Canadian state power.