The Supreme Court in the Australian state of Queensland has recently invalidated a law that prohibited the carrying of the Sikh religious dagger (kirpan) on school premises, calling it “unconstitutional.”
The verdict was rendered by the state’s highest court following a legal challenge brought by Kamaljit Kaur Athwal against the state government.
Athwal contended that the ban constituted discrimination against the kirpan, which is one of the five religious symbols that Sikhs are mandated to carry at all times in accordance with their faith.
In a ruling favoring Athwal, the highest state court found the legislation to be in contravention of the Racial Discrimination Act.
While an initial court judgment in the preceding year rejected the assertion that the ban on carrying knives was discriminatory, this week, a panel of 3 judges in the Court of Appeal found that a specific section of the Queensland Weapons Act of 1990, which prohibits the possession of knives in public areas and educational institutions, contradicts Section 10 of the Commonwealth Racial Discrimination Act of 1975.
In response, the Queensland Education Department stated it is considering the implications of the court decision, “As this legal decision has just been handed down, the department will now consider any implications.”
Athwal’s lawyer was cited as saying that “the court had a difficult task to balance the human rights of individuals to practise their religion and express their faith with the human rights of student and teacher safety”.
The lawyer stated while adding that her client is pleased with the court’s decision, “Today marks the day that members of the Sikh faith can practise their faith and positively participate without discrimination as proud members of their local school communities.”
