Kirpan

Kirpan

An example of a kirpan, a type of religious dagger, worn at all times by Sikhs
Type Sword
Place of origin Punjab

The kirpan (/kɪərˈpɑːn/; Punjabi: ਕਿਰਪਾਨ kirpān) is a sword or knife carried by Sikhs.[1] It is a religious commandment given by Guru Gobind Singh in 1699, that Sikhs must wear five articles of faith at all times, the kirpan being one of five articles.[2][3]

The word kirpan has two roots: the first root is kirpa, which means "mercy", "grace", "compassion" or "kindness"; the second root is aanaa, which in turn means "honor", "grace" or "dignity".

Sikhs are expected to embody the qualities of a Sant Sipahi or "saint-soldier" with the courage to defend the rights of all who are wrongfully oppressed or persecuted irrespective of their color, caste, or creed.

Kirpans are curved and have a single cutting edge that may be either blunt or sharp.[1] They are often between 3 and 9 inches long,[1] and must be made of steel or iron.[4]

History

Sikhism was founded in the 15th century, in present-day Punjab. At the time of its founding, this culturally rich region had been conquered by Mughal Empire from central Asia. During the time of the founder of the Sikh faith and its first guru, Guru Nanak, Sikhism flourished as a counter to both the prevalent Hindu and Muslim teachings. The Mughal emperor Akbar was relatively tolerant of non-Islamic religions and focused on religious tolerance. His relationship with Nanak was cordial.[5]

The relationship between the Sikhs and Akbar's successor Jehangir was not friendly. Due to a large number of Muslim converts to Sikhism and references to Muslim and Hindu teachings in the Guru Granth Sahib, the fifth guru, Guru Arjan Dev was summoned and executed.[6]

This incident is seen as a turning point in Sikh history, leading to the first instance of militarization of Sikhs under Guru Arjun's successor Guru Hargobind. Guru Hargobind trained in shashtravidya, a form of martial arts that became prevalent among the Sikhs. He first conceptualized the idea of the kirpan through the notion of Sant Sipahi, or "saint soldiers".

The relationship between the Sikhs and the Mughals further deteriorated following the execution of the ninth Guru Tegh Bahadur by Aurengzeb, who was highly intolerant of Sikhs, partially driven by his desire to impose Islamic law. Following the executions of their leaders and facing increasing persecution, the Sikhs officially adopted militarization for self-protection by creating the Khalsa; the executions also prompted formalization of various aspects of the Sikh faith. The tenth and final guru, Guru Gobind Singh formally included the kirpan as a mandatory article of faith for all baptised Sikhs,[7] making it a duty for Sikhs to be able to defend themselves and others from oppression.

Legality

In modern times there has been debate about allowing Sikhs to carry a kirpan that falls under prohibitions on bladed weapons, with some countries allowing Sikhs a dispensation.

Other issues not strictly of legality arise, such as whether to allow carrying of kirpans on commercial aircraft or into areas where security is enforced.

Belgium

On 12 October 2009, the Antwerp Court declared carrying a kirpan a religious symbol, overturning a €550 fine from a lower court for "carrying a freely obtainable weapon without any legal reason".[8]

Canada

In most public places in Canada a kirpan is allowed, although there have been some court cases regarding carrying on school premises. In the 2006 Supreme Court of Canada decision of Multani v. Commission scolaire Marguerite‑Bourgeoys the court held that the banning of the kirpan in a school environment offended Canada's Charter of Rights and Freedoms, and that the restriction could not be upheld under s. 1 of the Charter, as per R. v. Oakes. The issue started when a 12-year-old schoolboy dropped a 20 cm (8-inch) long kirpan in school. School staff and parents were very concerned, and the student was required to attend school under police supervision until the court decision[9] was reached. A student is allowed to have a kirpan on his person if it is sealed and secured.[10]

In September 2008, Montreal police announced that a 13-year-old student was to be charged after he allegedly threatened another student with his kirpan. The court found the student not guilty of assault with the kirpan, but guilty of threatening his schoolmates, and he was granted an absolute discharge on 15 April 2009.[11]

On February 9, 2011, the National Assembly of Quebec unanimously voted to ban kirpans from the provincial parliament buildings.[12] However, despite opposition from the Bloc Québécois, it was voted that the kirpan be allowed in federal parliamentary buildings.[13]

Denmark

On 24 October 2006, the Eastern High Court of Denmark upheld the earlier ruling of the Copenhagen City Court that the wearing of a kirpan by a Sikh was illegal, becoming the first country in the world to pass such a ruling. Ripudaman Singh, who now works as a scientist, was earlier convicted by the City Court of breaking the law by publicly carrying a knife. He was sentenced to a 3,000 kroner fine or six days' imprisonment. Though the High Court quashed this sentence, it held that the carrying of a kirpan by a Sikh broke the law. The judge stated that "after all the information about the accused, the reason for the accused to possess a knife and the other circumstances of the case, such exceptional extenuating circumstances are found, that the punishment should be dropped, cf. Penal Code § 83, 2nd period."

Danish law allows carrying of knives (longer than 6 centimeters and non-foldable) in public places if it is for any purpose recognized as valid, including work-related, recreation, etc. The High Court did not find religion to be a valid reason for carrying a knife. It stated that "for these reasons, as stated by the City Court, it is agreed that the circumstance of the accused carrying the knife as a Sikh, cannot be regarded as a similarly recognisable purpose, included in the decision for the exceptions in weapon law § 4, par. 1, 1st period, second part."[14]

A posted sign in a bank in Bangalore, India, permitting kirpans worn by Sikhs

India

Sikhism originated in the Indian sub-continent during the Mughal era and a majority of the Sikh population lives in present-day India, where they form around 2% of its population.

Article 25 of the Indian Constitution deems the carrying of a kirpan by Sikhs to be included in the profession of the Sikh religion and not illegal.[15]

Sweden

Swedish law has a ban on "street weapons" in public places that includes knives unless used for recreation (for instance fishing) or profession (for instance a carpenter). Carrying some smaller knives, typically folding pocket knives, is allowed, so that smaller kirpans may be within the law.[16][17]

United Kingdom

England and Wales

As a bladed article, possession of a kirpan without valid reason in a public place would be illegal under section 139 of the Criminal Justice Act 1988.[18] However, there is a specific defence for a person to prove that he had it with him for "religious reasons".[18] There is an identical defence to the similar offence (section 139A) which relates to school grounds.[19] The official list of prohibited items at the London 2012 Summer Olympics venues prohibited all kinds of weapons, but explicitly allowed the kirpan.[20]

On 11 September 2016, it was reported that 55 men armed with bladed weapons had trespassed into Gurdwara Sahib Leamington and Warwick and threatened people there in connection with a dispute within Sikhism, and kirpans had been confiscated when armed police attended. However, it was later reported that the kirpans were ceremonial, and there was no mention of their playing any part in the incident—the men were arrested on suspicion of trespass, not carrying knives.[21]

Scotland

Similar provisions exist in Scots law with section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 making it an offence to possess a bladed or pointed article in a public place. A defence exists under s.49(5)(b) of the act for pointed or bladed articles carried for religious reasons. Section 49A of the same act creates the offence of possessing a bladed or pointed article in a school, with s.49A(4)(c) again creating a defence when the article is carried for religious reasons.

United States

State courts in New York and Ohio have ruled in favor of Sikhs who faced the rare situation of prosecution under anti-weapons statutes for wearing kirpans, "because of the kirpan's religious nature and Sikhs' benign intent in wearing them."[22] In New York City, a compromise was reached with the Board of Education whereby the wearing of the knives was allowed so long as they were secured within the sheaths with adhesives and made impossible to draw. Since the tightening of air travel security in the twenty-first century, the Sikh practice of wearing a Kirpan has caused problems for security personnel at airports and other checkpoints; they may confiscate kirpans if they feel it is necessary, but are advised to treat them with respect.[23]

In 2008, American Sikh leaders chose not to attend an interfaith meeting with Pope Benedict XVI at the Pope John Paul II Cultural Center in Washington, D.C., because the United States Secret Service would have required them to leave behind the kirpan.[24] The secretary general of the Sikh Council stated: "We have to respect the sanctity of the kirpaan, especially in such interreligious gatherings. We cannot undermine the rights and freedoms of religion in the name of security."[24] A spokesman for the Secret Service stated: "We understand the kirpaan is a sanctified religious object. But by definition, it's still a weapon. We apply our security policy consistently and fairly."[24]

See also

References

  1. 1 2 3 Khalsa, Sukhmandir. "Kirpan - kakar - Sikh ceremonial short sword". About.com. Retrieved 18 March 2015.
  2. ↑ Singha, H.S. (2000). The encyclopedia of Sikhism. New Delhi: Hemkunt Publishers. ISBN 81-7010-301-0.
  3. ↑ "Mightier than the kirpan - I find it hard to justify knives being allowed in schools". The guardian. London. 9 February 2010.
  4. ↑ "What is the kirpan?". World Sikh Organization of Canada. Retrieved 18 March 2015.
  5. ↑ Search for terms "nanak akbar". 1919. Retrieved 24 April 2013.
  6. ↑ "Execution of Guru Arjun Dev Ji". Retrieved 24 April 2013.
  7. ↑ "The 5 K's". Retrieved 24 April 2013.
  8. ↑ "Sikhs mogen dolk dragen". Gazet van Antwerpen. 2009. Retrieved 7 March 2010.
  9. ↑ "Bulletin of March 3, 2006 |3 March 2006" (in French). Supreme Court of Canada / Cour Suprême du Canada.
  10. ↑ "Barring Kirpan Violates Freedom of Religion". The Canadian Human Rights Reporter Inc. (CHRR).
  11. ↑ "Sikh boy guilty of assault with hairpin". CBC News. 15 April 2009. Retrieved 10 February 2011.
  12. ↑ "Le port du kirpan rejeté à l'unanimité au parlement".
  13. ↑ Taber, Jane (2 June 2011). "Kirpans allowed in House of Commons". The Globe and Mail. Toronto. Retrieved 4 June 2011.
  14. ↑ Conviction number U 2007.316 Ø in weekly justice.
  15. ↑ http://lawmin.nic.in/legislative/Art1-242%20(1-88).doc
  16. ↑ "Dagens Nyheter: Sikh får bära dolk i skolan".
  17. ↑ "Ombudsmannen mot etnisk diskriminering".
  18. 1 2 section 139 Criminal Justice Act 1988
  19. ↑ "Section 139A Criminal Justice Act 1988". statutelaw.gov.uk.
  20. ↑ "Official Reports, Studies, Publications - Downloads - Olympic.org" (PDF). london2012.com.
  21. ↑ Enda Mullen (13 September 2016). "Sikh temple members apologise to Leamington residents over wedding protest". Coventry Telegraph. Retrieved 17 September 2016.
  22. ↑ "Sikhism and the Sikh Kirpan Fact Sheet" (PDF). Sikh Coalition. 30 January 2007.
  23. ↑ "Kirpan Posters Come to Sikhs' Help in US". The Times of India. 22 November 2006. Retrieved 30 January 2007.
  24. 1 2 3 "Feds say Sikhs can't meet pope due to dagger: Secret service won't allow representatives wear ceremonial dagger". Associated Press. March 6, 2008.
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