Key Points
- A successful court appeal allows Sikhs to carry kirpans as a religious commitment.
- The Sikh religion requires all ‘Amritdhari’ (Sikhs who have gone through an initiation ceremony) to carry five objects at all times, with one of these being a ceremonial knife.
- The judges’ decision was based on ensuring freedom of movement and freedom of religion for all.
Kamaljit Kaur Athwal last week won her to a Queensland state government-imposed ban on carrying ceremonial knives in public places, including schools.
She claimed the ban was discriminatory, as it prevented her and fellow Sikhs from carrying the small sword, known as a kirpan.
Before last week, carrying knives in schools and public places was entirely banned.
Speaking to SBS Punjabi, Brisbane-based Ms Athwal, said, “The previous legislative decisions were appealed in the Court of Appeal, where judges found the ban (to be) unconstitutional and inconsistent with the Racial Discrimination Act (RDA).”
She said, “The Queensland Weapons Act 1990, section 51(1), allows religious commitment as a reasonable excuse for individuals to carry a knife in public places."
"However, section 51(5), introduced in 2012, states that religious commitment is not a reasonable excuse for carrying a knife on school grounds.”
‘Amritdhari’ Sikhs make a religious commitment as part of their initiation ceremony to always carry five objects with them as symbols of their identity. One of these objects is the kirpan.
Ms Athwal argued that “it was a tough situation for Sikhs because if they wore a kirpan on school grounds, they were acting against the law and if they took off their kirpan then they were acting against their religious commitment ... this was inconsistent with the RDA and freedom of religion as a human right."
She said that she is very pleased with the Supreme Court’s decision.
It’s been too long (because) legislation prevented practising Sikhs from participating in their school communities.Kamaljit Kaur Athwal
The judges said they had to ensure that the individual human rights to practise religion freely were balanced with the human rights of the student and teacher safety.
The court’s decision
A previous appeal of the ban on carrying a kirpan was made last year and was dismissed by the presiding judge. However, the recent decision, handed down by the three Court of Appeal judges on 1 August 2023, overturned the previous ruling.
The Queensland Weapons Act 1990 bans carrying knives in public places and schools.
However, during the trial, judges found some sections, including section 51(5), to be inconsistent with the rights to equality under section 10 of the Racial Discrimination Act 1975.
The conclusion to the appeal was that section 51(5) of Queensland’s Weapons Act stating that religious purposes were not a reasonable excuse for carrying a knife in schools was inconsistent with section 10 of the RDA.
Based on section 109 of the Constitution which upholds Commonwealth law in situations where state law is inconsistent, section 51(5) of the Weapons Act was deemed invalid.
Can individuals carry knives in schools?
Sikhs are legally able to enter schools carrying a kirpan; however, schools still have the right to ban individuals, including children, from bringing a knife to school.
In response to the court’s decision, a Queensland Education Department spokesperson said the department was, “considering the implications of the decision and that to ensure schools remain a safe place, various bans on bringing various items to school are in place.”
This appeal does not impact the ability of schools to create general rules which prohibit all students from bringing knives to school based on maintaining a safe school environment.
Ms Athwal explained the court’s allowances and restrictions for carrying a kirpan.
Now as the law has allowed us to fulfill our religious commitments by wearing a kirpan in public places, it is our duty to make the wider community feel safe by wearing it under our clothes.Kamaljit Kaur Athwal
Although the new ruling enables Sikhs to carry the kirpan in public places, Ms Athwal reinforced that it should only be done in a way that does not harm, concern or threaten anyone in public.
Made of steel or iron, the kirpan is worn sheathed, typically concealed beneath clothing and not publicly displayed.
As per the 2021 ABS Census data, Australia is home to over 210,400 people who identify as Sikh, a number that has almost tripled since 2011.
Members of Sikh Volunteers Australia.
Click on the player at the top of the page to listen to these interviews in Punjabi.
