UNITED SIKHS Opposes NSW’s Proposed Kirpan Policy and Provides Recommendations

Sydney, Australia, 24th June 2021:
“We do not accept any conditions that treat the Kirpan as a ceremonial ‘knife’. A Kirpan is sacred and when there are alternative ways of ensuring the safety of students, there is no reason to require a Kirpan to be blunt, concealed, chained, or limited by size” said Mejindarpal Kaur, International Legal Director of UNITED SIKHS.“
UNITED SIKHS urges you to write to the NSW Dept of Education by tomorrow, 25th June, at the following link, with your views and counter-proposals on the wearing of the Kirpan in schools.

Sydney- Australia – UNITED SIKHS wrote to the New South Wales Government on 23rd June 2021 to oppose conditions being proposed on the wearing of the Kirpan in schools. The NSW Govt had imposed a temporary ban on the Kirpan on 19th May 2021 after a student was hurt with a Kirpan during what is believed to a bullying related incident in a Sydney school. Last week the Department of Education published proposed conditions on the wearing of the Kirpan in schools,
for public consultation by 25th June 2021,
“We welcome efforts to lift the temporary ban on the Kirpan in public schools in NSW and we are mindful of the need to balance the right of Sikh students to practise their faith and the safety of all students and staff,” said Mejindarpal Kaur, International Legal Director of UNITED SIKHS, in the letter that was addressed to Ms. Georgina Harrison, the Secretary of the NSW Department of Education.

UNITED SIKHS PROPOSED GUIDELINES LETTER TO NSW AUSTRALIAN GOVERNMENT 

“However, we do not accept the following aspects of the proposed changes and we request you to consider our suggestions below,” Mejindarpal Kaur added:
1. A Kirpan is not ceremonial as it is worn at all times and not only for ceremonies. Therefore, kindly replace the word ‘ceremonial’ with ‘religious’.
2. To refer to a Kirpan as a ‘knife’ is offensive.  Please use ‘Kirpan’ as a proper noun (which we note and appreciate you have done so for the most part).  We would propose the following changes to your text:
“…there has to date been a legal exemption for knives carried for religious purposes, and this has been applied to the carrying of the Kirpan by initiated Sikhs.”
“A Kirpan is one of the five distinguishing articles of the Sikh faith, carried and worn by initiated Sikhs on their person at all times, and comprises a curved blade.”
3. Attaching a chain to a Kirpan would require the Kirpan to be physically modified.  This would be inappropriate.  Conversely, the proposal to sew into the Kirpan Gaatra  a “sturdy fabric loop” does not require physical modifications to the Kirpan. We request that the chain option be removed.
4. To wear a Kirpan is a matter of religious piety and dedication.  Requiring it to be ‘concealed’ sullies the wearing of the Kirpan.  We propose that the text be modified to requiring that the Kirpan be worn under one’s outer clothing.
5. If the Kirpan is worn under outer clothing and is secured by a sewn-in fabric loop such that the Kirpan cannot be removed easily, we do not understand why it is necessary to require that the Kirpan has a blunt blade. If it is accepted that a Kirpan may be worn if it cannot be removed easily, then whether or not it is blunt is a moot point.  It does not appear to us to be a proportionate or necessary requirement in light of the other requirements.
6. The Summary Offences Act 1988 (NSW) does not stipulate a limit to the size of the Kirpan because it recognises that the length of a Kirpan is not a significant factor. Hence, we request that you do not specify a  length for the Kirpan in the proposed guidelines.
7. A Kirpan is always carried within a scabbard and held in position by a loop, whilst being carried securely in a cloth Gaatra, a shoulder strap worn across one’s torso. This would secure it from falling or being removed with ease. During sports, the Kirpan may be further secured to prevent it from falling and causing injury during a sporting activity. There should be no further reason or method used to secure it.

The Gurdwara Working Group that has been working on lifting the Kirpan ban issued the following statement in support of UNITED SIKHS’ letter to the Dept of Education:

“Our team has been working very closely with UNITED SIKHS even before this consultation started with the Department of Education (DoE). The team has been instrumental in guiding us and providing valuable information on various matters related to Kirpan and their input has been useful in making representation to the draft proposal. Our Working Group is in total agreement with UNITED SIKHS’ proposal in their attached letter and we strongly urge all members of Sangat and their family friends to actively participate and provide your response by email link to NSW Government’s public consultation site “Have Your Say,” Gurdwara Working Group.”
*Please note that the last day of submitting your response is Friday, 25 June 21.*

UNITED SIKHS Letter To Honorable Gladys Berejiklian, MP Premier of New South Wales

Response from NSW Department of Education to UNITED SIKHS 

Background for Media:
An Amritdhari (initiated/baptised) Sikh is mandated to wear five articles of faith, called Kakaar or 5 Ks, at all times. The Kirpan is one of these articles. It is worn freely wherever Sikhs live, including in the UK, USA, Canada, Singapore, Malaysia, India and Australia. An initiated Sikh is expected to wear the Kirpan respectfully and responsibly, mindful of its spiritual significance and the responsibility associated with wearing it. The Control of Weapons Act 1990 (Victoria), which mirrors similar such legislation passed in the UK, has provided a statutory exemption to allow an initiated Sikh to wear a Kirpan.
The Sikh community, like many other migrant communities, has made Australia their home since over a hundred years ago. Hence their religious freedom rights should be protected without prejudice.
Gurvinder Singh
National Director, Australia
UNITED SIKHS
E: gurvinder1.singh@unitedsikhs.org
law-global@unitedsikhs.org
Law@unitedsikhs-uk.org