What is the legal standing of Sikhs wearing the Kirpan?
The Kirpan (IPA: [kɪrˈpɑn]) (Punjabi: ਕਿਰਪਾਨ kirpān) is a religious sword worn in a strap that enables a it to be suspended near one's waist or tucked inside one's belt. It must be worn by all initiated Sikhs (Khālsā), after a mandatory religious commandment given by Guru Gobind Singh Ji (the tenth Sikh Guru) in 1699 CE. The Kirpan is part of the Five Ks uniform that all initiated Sikhs must adhere to. "Kirpan" literal means "weapon of defence" ("Kirpa" means "mercy" and "Aan" means "honour") and encapsulates an initiated Sikh's solemn obligation of courage and self-defence, as opposed to the talwar, a weapon of offence.
The Khalsa is expected to live by the high moral standards of the Sikh Gurus at all times as stipulated in Guru Granth Sahib and Rehat Maryada (Sikh Code of Conduct) which includes such things as abstaining from smoking, drinking and other intoxicants, eating killed animals, performing daily prayers and always maintaining the five distinctive physical symbols of Sikhism (Kakars) on them. The most noticeable of these symbols being uncut hair (Kesh) and carrying the Kirpan.
Traditionally, Kirpans can be anywhere from 3 feet blade size as carried by Sikhs on religious festivals, marriages and parades, to just a few inches in length like the regular kirpan worn by devotees in the West. They can either be worn over ones clothing or underneath. The blade is normally constructed of mild steel or iron and the handle may be made of metal surrounded with leather or wood. The Kirpan is usually kept sheathed except when it is withdrawn from it's casing on such occasions as consecration of the ceremonial sweet pudding distributed during religious ceremonies.
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LEGALITY
In India (Legal)
Article 25 of the Indian Constitution deems the carrying of 'kirpan' to be included in the profession of the Sikh religion[1], thus legalizing the carrying of kirpan by Sikhs.
In the United Kingdom (Legal)
It is legal under the Criminal Justice Act 1988 (section 139) and Offensive Weapons Act 1996 (section 3 and 4) for a Sikh to carry a kirpan with a blade for religious reasons (other reasons allowed by the Act are cultural or work related reasons). The Criminal Justice Act 1988 safeguards the rights of the Sikhs to carry the Kirpan as it is deemed a necessary part of their religion.
In the USA (Legal)
There have been several court cases in the USA relating to the legality of wearing a kirpan in public places. Courts in New York and Ohio have ruled that banning the wearing of a kirpan is unconstitutional.[2] In recent years the Sikh practice of wearing a kirpan has caused problems for security personnel at airports and other checkpoints. Security personnel may confiscate kirpans if they feel it is necessary, but are advised to treat them with respect.[3]
In Canada (Legal)
In most public places in Canada a Sikh religious Kirpan is allowed but there some places where it is not clear cut. In the 2006 Supreme Court of Canada decision of Multani v. Commission scolaire Marguerite‑Bourgeoys the court held that the banning of the kirpan in a school environment is against Canada's Charter of Rights and Freedoms as a reasonable accommodation. The issue started when a 12 year old student dropped a 20 cm (8 inches) long kirpan in school. School staff and parents were very concerned, and the student was required to attend school under police supervision until the court decision was reached.
In Sweden (Legal Conditional)
Swedish law has a ban on "street weapons" in public places that also includes knives unless used for hobby (for instance fishing) or profession (for instance a carpenter). Knives considered harmless, like a pocket knife, are allowed so a dull kirpan is allowed.[4][5]
In Denmark
On October 24, 2006, the Eastern High Court of Denmark upheld the earlier ruling of the Copenhagen City Court by which wearing of Kirpan by a Sikh was declared illegal. By this Denmark has become the first country in the World to pass such a ruling. Ripudaman Singh, who now works as a Scientist, was earlier convicted by the City Court for violating the Danish Weapons Law for publicly carrying a knife. He was fined 3000 Danish Kroner or an alternate imprisonment of 6 days. Though the High Court quashed this sentence, it maintained that the carrying of Kirpan by a Sikh is in violation of the Danish Weapons Law. The judgment stated, After all the information about the accused, the reason for the accused to possess a knife and the other circumstances of the case, such exceptional extenuating circumstances are found, that the punishment should be dropped, cf. Penal Code § 83, 2nd period.
Danish Weapons Law allows carrying of knives in public places if it is for fishing, hunting, sports or any other purpose recognized as valid. The High Court did not find religion as being a valid reason for carrying kirpan. It stated that, For these reasons, as stated by the City Court, it is agreed that the circumstance of the accused carrying the knife as a Sikh, cannot be regarded as a similarly recognisable purpose, included in the decision for the exceptions in weapon law § 4, par. 1, 1st period, second part.
European Law
The Sikhs right to wear a Kirpan is protected by Article 9 of the European Convention on Human Rights on freedom of religion.
Eurostar Train policy
Letter from Richard Brown, Eurostar Chief Executive Officer (10-07-2006):
"Our security arrangements at Eurostar are in effect determined by Transec, the Transport Security Division of the Department for Transport, under the Channel Tunnel Security Order. They are very similar to the arrangements in place at airports for the airline passengers.
In practice, therefore, our response will depend on the size of the Kirpan being carried, which do of course vary in size very considerably. In general any blade of three inches' length or less is now permitted to by carried by passengers - provided this is not a flick knife or lock knife. Any longer than this, and a passenger is not allowed to carry the blade on them personally - but they can of course consign the item to registered luggage so that it is carried in a separate, locked compartment on the train. This would apply to a sword-length Kirpan, for instance.
My understanding is that many Kirpans are quite small."
References
* http://www.kirpan.ca/
1. ^ Bill of Rights in the Constitution of India. Sikh Information Centre (2006). Retrieved on 2007-02-11.
2. ^ The Sikh Coalition Legal Center. Retrieved on 2007-01-30.
3. ^ Kirpan Posters Come to Sikhs’ Help in US. The Times of India (November 22, 2006). Retrieved on 2007-01-30.
4. ^ Dagens Nyheter: Sikh får bära dolk i skolan.
5. ^ Ombudsmannen mot etnisk diskriminering.
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SIKH ORGANISATIONS - HELP & SUPPORT WITH RIGHT OF WEARING THE KIRPAN
* www.saldef.net
* www.sikhcoalition.org
* www.sikhfederation.com
* www.sikhhelpline.com
* www.unitedsikhs.org
NEWS ABOUT KIRPAN
* http://www.enquirer.com/editions/1997/01/04/loc_dagger.html
* http://www.sikhsangat.org/ssn/publish/Europe_21/Sikhs_visit_Vatican_to_P...
* http://inhome.rediff.com/news/2007/dec/06kirpan.htm
* http://www.tribuneindia.com/2005/20050404/punjab1.htm
* http://www.panthic.org/news/123/ARTICLE/1129/2005-03-20.html