Melbourne
Australia’s Queensland state’s highest court has overturned a law banning Sikh students from wearing a kirpan on school premises, terming it unconstitutional. According to media reports, the Chief Court of Queensland gave this decision on the petition of Kamaljeet Kaur Athwal.
He challenged the decision of the state government last year. The petition claimed that the ban discriminates against the kirpan, which is one of the five religious symbols of the Sikhs. Sikhs should keep it with them at all times according to their faith.
Saber is an integral part of Sikhism. It is one of the five religious symbols that they carry with them at all times as part of their faith. According to media reports, the Queensland Supreme Court on Thursday ruled that the ban on Sikh students carrying kirpans in schools under the Racial Discrimination Act (RDA) is unconstitutional.
Earlier, the lower court had rejected the claim that the law discriminated. But now with the decision of the Queensland Supreme Court, the Sikhs have won. Sikh students will be able to carry a kirpan to school.
A lawyer from private law firm Potts Lawyers Queensland said the law meant Sikh students were not able to go to school and practice their religious beliefs effectively. He said declaring the law unconstitutional would give Sikh students the freedom to practice their faith. He said that this is a big step. It simply means that Sikh students will have the same freedom as everyone else and will not be discriminated against by state law.
The court said that carrying a kirpan is only a feature of the religious observance of the Sikhs. He is required to carry a sabre as a symbol of religious commitment. A law that prohibits a person from carrying a knife to school for religious purposes affects Sikhs. Also prevents them from validly entering schools while practising their religious beliefs.
