Australia: Queensland court permits Sikhs to carry kirpan in schools | Read ruling details
PTC Web Desk: The Supreme Court of Queensland, Australia, has declared a law prohibiting the Sikh religious dagger (kirpan) on school premises as "unconstitutional."
The Supreme Court's decision followed a legal challenge by Kamaljit Kaur Athwal against the state government last year. Athwal argued that the ban discriminated against the kirpan, "which is one of the five religious symbols that Sikhs are mandated to carry at all times as an essential aspect of their faith.
ABC News reported on Thursday that the state's highest court ruled in favour of Kamaljit Kaur Athwal, finding the legislation banning the Sikh religious dagger (kirpan) to be unconstitutional under the Racial Discrimination Act.
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In a previous ruling last year, the suggestion that the ban on carrying knives, including the kirpan, was discriminatory had been dismissed. However, this week, a panel of three judges in the Court of Appeal concluded that a section of the Queensland Weapons Act of 1990, which prohibited carrying knives in public places and schools, is inconsistent with Section 10 of the Commonwealth Racial Discrimination Act of 1975. As a result, the ban on the kirpan on school grounds was deemed to be in violation of the Racial Discrimination Act.
Following the court decision, the Queensland Education Department stated that it is currently reviewing the implications of the ruling. "As this legal decision has just been handed down, the department will now consider any implications."
Athwal's lawyer, as reported by ABC News, acknowledged the court's challenging task in balancing the human rights of individuals to practice their religion and express their faith with the human rights of student and teacher safety.
The lawyer expressed satisfaction with the court's ruling, stating, "Today marks the day that members of the Sikh faith can practice their faith and positively participate without discrimination as proud members of their local school communities." Athwal's client is pleased with the outcome of the court's decision.
- With inputs from agencies
