“Unconstitutional” kirpan ban revoked in Queensland

A long time ban on Sikhs being able to wear the kirpan in schools in the province of Queensland in Australia has been revoked, after efforts by a Sikh campaigner found the ban to be “unconstitutional”.

The kirpan is a small sword which is a mandatory part of the Khalsa (collective of initiated Sikhs) Punj Kakkar (Five Ks) uniform, which men or women of any age can wear if they become Amritdhari (initiated). The school ban was revoked on 2nd August by Queensland Supreme Court after Kamaljit Kaur Athwal highlighted its discrimination towards Sikhs based on the Racial Discrimination Act (RDA).

Originally, the ban was in place through the Weapons Act (1990) which stated “religious purpose” was not a justifiable reason for Sikhs to be allowed to wear the kirpan in schools. However, Kamaljit Kaur Athwal took it upon herself to challenge the ban, taking the state government to court last year, claiming the Weapons Act discriminated against Sikh practices. Presiding judges found that a section of the Queensland Weapons Act of 1990 — which bans carrying knives in public places and schools — is inconsistent with Section 10 of the Commonwealth Racial Discrimination Act of 1975. The final ruling was that Section 51(5) of the Weapons Act is invalid under Section 109 of the constitution.

According to the Guardian Australia, “Queensland will explore all legal options” regarding an appeal against the ruling.

Sikhs across the world have welcomed the Queensland legal ruling. Speaking on the outcome, Sikh Press Association Senior Press Officer Jasveer Singh said:

“The legal ruling in Queensland is a great outcome for not just Sikhs, but religious freedom in general in Australia. Sikhs have long been a successful and celebrated community in Australia that have gone above and beyond to make life in the country better for all, as is the Sikh way. There is no reason any Australian should be anything other than encouraging to Sikhs trying to practice their faith.

“The legal result will galvanize other legal movements to challenge discriminatory rulings which impinge on Sikh freedoms, including beard bans in sport and more issues Amritdhari Sikhs face with the kirpan. Statistics will show more people are injured through attacks with high-heeled shoes than the kirpan. Thus, Kamaljit Kaur Athwal is a hero of the Sikh kaum (nation) for getting this unnecessary ban overturned and she will be given even more support to take on any appeals, which may sadly come from Queensland authorities based on misguided views about safety.”

In 2021 the province of New South Wales temporarily banned the kirpan after an incident which saw it used by a 14-year-old Sikh student against a 16-year-old non-Sikh at a school with notorious anti-Sikh bullying issues which went unaddressed for years. Read more on that here. The ban was reversed months later but remains something many Australian Sikhs wish to amend to be more practical for Sikhs.