Australia: Queensland Supreme Court overturns ban on carrying Sikh religious symbol 'Kirpan' in schools

Jun 17, 2024

As per an Australian Broadcasting Corporation report, the Queensland Supreme Court ruled that "the ban is unconstitutional under the Racial Discrimination Act (RDA)"

In Australia's Queensland, Sikh students may soon once again be able to wear a Kirpan — a religious article — on campus. As per media reports, a court in the state on Thursday (August 3rd) overturned a law that had banned the religious symbol in schools.

In Australia, the Weapons Act bans individuals from carrying knives in public places, including school, unless they have a reasonable excuse.

Kamaljit Kaur Athwal, a Sikh woman, took the state government to court last year over the ban, which also included the knife-like 'Kirpan'. She claimed that the ban was discriminatory.

As per an Australian Broadcasting Corporation report, the Queensland Supreme Court ruled that "the ban is unconstitutional under the Racial Discrimination Act (RDA)."

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While the initial court ruling had dismissed the claim that the law was discriminatory, the Thursday ruling found that "Carrying a kirpan as a symbol of a religious commitment would, at least ordinarily, constitute a use of the knife for a lawful purpose—namely, religious observance."

"To say that both Sikhs and non-Sikhs cannot practise their religion while wearing a knife ignores the fact that carrying a knife is only a feature of the religious observance of Sikhs."

As per news agency PTI, Bill Potts, of Potts Lawyers Queensland, said that the original legislation meant Sikhs "were not able to go to school, not able to go to effectively carry out their religion".

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The overturning of the law gives freedom back to those practising the faith and is a "great step forward," said Potts, adding, "This just simply means that they have the same freedoms that everybody else has and are not discriminated against by the state legislation."

A Kirpan is one of the five religious symbols that a practising Sikh is supposed to carry on their person at all times, as part of their faith. The other four religious symbols are Kes (hair), Karha (a steel wristband), Kangha (a wooden comb worn in a hair knot), Kaccherha (shorts or underwear).

Kirpan, the religious symbol which resembles a knife or a short sword, is part of the Sikh religious uniform and is prescribed by the religion's code of conduct. It is typically worn, sheathed and concealed beneath one's clothes.

(With inputs from agencies)

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