Australia’s highest court overturns law banning Sikhs from carrying kirpans in schools

MELBOURNE: According to media reports, a court in Australia’s Queensland state has rejected a rule that forbade Sikh students from donning kirpans, a holy object in Sikhism, on campus. The court deemed the measure to be “unconstitutional.” After Kamal it Kaur Atwal sued the state government last year, arguing that the prohibition discriminated against the kirpan—one of five sacred symbols that Sikhs are required to carry at all times as part of their identity—the state’s top court issued its decision.

According to their code of conduct, Sikhs are expected to wear a kirpan as part of their religious attire. They always carry one of five religious symbols as a sign of their devotion.

According to the Queensland Supreme Court’s ruling on Thursday, “the ban is unconstitutional under the Racial Discrimination Act (RDA),” according to the Australian Broadcasting Corporation.

An appeal has resulted in a victory for the Sikh faith after an original court decision that disregarded the contention that the act was discriminatory.

The original legislation, according to Bill Potts of Potts Lawyers Queensland, meant that Sikhs “were not able to go to school, not able to go to effectively carry out their religion.”

Potts called the overturning of the law a “great step forward” that restores freedom to individuals who practice the faith.

This merely means that they enjoy the same liberties as everyone else and are not subject to discrimination under state law, he explained.

The court determined that carrying a kirpan as a sign of religious observance would, at the very least typically, be considered using the knife for a permissible purpose, namely, religious observance.

Saying that both Sikhs and non-Sikhs are prohibited from practicing their religion while wearing a knife ignores the fact that carrying a knife is simply one aspect of Sikh religious observance.

“A law that forbids a person from carrying a knife in a school for religious purposes impacts Sikhs by making it impossible for them to lawfully enter schools while upholding their religious beliefs.”

The judges expressly stated in the Court of Appeal opinion that their decision was not about overturning laws prohibiting youngsters from carrying blades.

The ruling that makes it acceptable for Sikhs to enter schools while brandishing their Kirpans does not affect a school’s authority to prohibit other people, such pupils, from carrying knives on school property.

The Queensland Education Department responded by stating that it is taking the court decision’s ramifications into consideration.

I apologise for any misunderstanding, however as of my most recent knowledge update in September 2021, I am unaware of any details or specifics regarding the incident you referenced. This incident might have happened since my most recent update or it might not have received extensive coverage in the accessible sources.