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Australian court overturns law banning Sikhs from carrying kirpans in schools

Australian court overturns law banning Sikhs from carrying kirpans in schools

The Hindu
Saturday, August 05, 2023 07:17:21 AM UTC

Queensland court overturns law banning Sikh students from wearing kirpan on campus, ruling it unconstitutional. Court finds law preventing Sikhs from practising their religion while wearing a knife ignores fact that carrying a knife is only a feature of religious observance. Ruling does not overturn school's right to ban anyone else from carrying a knife on school grounds.

A court in Australia’s Queensland state has overturned a law that banned Sikh students to wear a kirpan, a religious article in Sikhism, on campus, calling the legislation "unconstitutional", according to media reports.

The ruling by the state's highest court came after Kamaljit Kaur Athwal took the state government to court last year, claiming that the ban discriminated against the kirpan — one of five religious symbols that Sikhs are supposed to carry at all times as part of their faith, 9news.com reported.

Sikhs are required to wear a kirpan as part of their religious uniform as prescribed by their code of conduct. It's one of five religious symbols they carry at all times as part of their faith.

The Queensland Supreme Court on Thursday ruled that "the ban is unconstitutional under the Racial Discrimination Act (RDA)," the Australian Broadcasting Corporation reported.

An initial court ruling dismissed the claim the act was discriminatory but now after an appeal, there has been a win for the Sikh faith.

Bill Potts from Potts Lawyers Queensland said the original legislation meant Sikhs "were not able to go to school, not able to go to effectively carry out their religion".

Mr. Potts said the overturning of the law is giving freedom back to those practising the faith and is a "great step forward".

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