Introduction
Sikhism was founded by Guru Nanak in 1469. He was followed in succession by nine other Gurus. In 1708 Guru Gobind Singh, the tenth and last living Guru proclaimed Guru Granth Sahib the Sikh Holy Scripture as the eternal Guru of the Sikhs.
Sikhs trace the origins of their religion to the Punjab. The region has now been divided between India and Pakistan. Guru Nanak was born near Lahore in Pakistan. There are 23 million Sikhs in the world. This makes it the fifth largest religion in the world. About 20 million Sikhs live in India. Sikhs have lived in Australia for nearly 150 years and have contributed to the country in a variety of ways. There are 17401 Sikhs in Australia according to the 2001 Australian Census.
Basic Beliefs
Sikhs believe in one God for all creation, a loving Creator.
Sikhism recognises all human beings as equal. The Sikh Holy Scripture recognises complete equality between women and men in all spheres of life; political, social and religious. Guru Nanak said ‘Why downgrade woman, when without woman there would be none.’ and ‘it is she who gives birth to kings’.
Sikhs believe steadfastly that all people have civil rights, including the freedom of religion. The fifth Guru was tortured to death in 1606 by the Mogul Emperor for practicing of his religion. The ninth Guru was martyred in 1675 for his stand and practice of freedom of all religions. His message to the people was ‘Fear none, frighten none; Love the Lord Mighty One.’
Sikhism is against injustice and oppression. Injustice and oppression violates God’s order. Harmony has to be maintained by His Will. As an instrument of God it is the spiritual duty and responsibility of a religious person to confront all kinds of injustice. After the martyrdom of the fifth Guru, the sixth Guru wore two kirpans, one symbolizing Piri and the other Miri; they respectively represent divinity and worldly leadership. This meant that the Guru would defend the religious and human rights, if need be even with the sword.
Sikh Initiation
In 1699 Guru Gobind Singh the last Sikh Guru introduced an initiation (baptism in Christian terminology) ceremony, referred to as taking Amrit. Initiation is optional for a Sikh. The person having taken Amrit is referred to as an Amritdhari or a member of the Khalsa brotherhood. Guru Gobind Singh prescribed five articles of faith, commonly referred to as five K’s because they start with the letter K of the Gurmukhi script. These five articles are:
Kesh - unshorn hair usually tied up as a knot and crowned with a turban.
Kanga - small wooden comb (placed in the hair knot under the turban)
Kara - iron bangle (worn on the wrist)
Kachhera - prescribed shorts (worn as an undergarment)
Kirpan - small sheathed sword (made of steel/ iron)
The wearing of the five K’s is mandatory for the Amritdhari Sikh. He/she is to keep them at all times. To neglect to wear one or more of the five K’s represents a serious lapse in religious practice. Even in the event of death these articles are not to be removed from the deceased person. Article XIX (e) of Sikh Code Conduct states: “the dead body should be bathed and clothed in clean clothes. While that is done, the Sikh symbols – comb, kachhera, kara, and kirpan should not be taken off.”
Along with the maintenance of five articles of faith an Amritdhari Sikh has to recite daily prayers at appropriate times of the day – morning at dawn, during the evening at sunset, and at night before retiring to bed.
A Sikh is to practice truthful living through constant meditation in praise of God, earn an honest living, give to charity and provide selfless service to humanity.
An Amritdhari Sikh is forbidden to: (i) cut his or her hair from any part of the body; (ii) engage in sexual activity with a person other than one’s spouse; (iii) use tobacco, alcohol, drugs or intoxicants, (iv) consume sacrificial meat prepared in accordance with other religious rites.
Kirpan
Kirpan has a deep spiritual value and holds an essential position in the religious practice of an Amritdhari Sikh.
The word Kirpan is derived from the word ‘Kirpa’ and ‘Aan’, ‘Kirpa’ means an act of compassion or mercy; and ‘aan’ means honour. It is a ‘bringer of mercy’ symbolizing the Sikhs commitment to resist oppression and injustice.
A Sikh having taken Amrit becomes a Sant- Sipahi - a saint soldier as initiated by Guru Gobind Singh. He has pledged to uphold principles of high moral values and social justice. The external articles are simply a reflection of his internal spiritual self.
To take away the kirpan from a Sikh is to violate his/her religious freedom.
Recognizing that wearing of a kirpan is a religious requirement, the Constitution of the Republic of India, Explanation 1 under Article 25 reads “the wearing and carrying of the kirpans shall be deemed to be included in the profession of the Sikh religion.”
According to the Sikh Code of Conduct a kirpan is worn using a strap that enables it to be suspended near one’s waist. In practice the strap holding the kirpan is worn under clothing. It is not visible. It is worn in a safe and secure manner.
The size of the kirpan can vary. It is usually small, a few inches so the person wearing it is comfortable and mobility is not restricted.
Exemptions
There are Controls of Weapons Acts in various States of Australia, prohibiting the carrying of a dagger. An Exemption is included where such an article is carried for religious purposes or is part of a religious dress code.
Australia Senator The Hon. Christopher Ellison (then the Minister for Justice and Customs) in a letter dated 10 April 2003 to Sikh Education Welfare and Advancement, South Australia, states: “I have asked that Customs staff at all Australian international airports be made aware of the nature of kirpaans and their exemption (as a Sword) from Schedule 2 Item 9 of the Customs (Prohibited Imports) Regulations 1958 and their significance to the Sikh community”.
The Senator also stated the Customs officers should identify that kirpan is not a prohibited import.
New South Wales. Under the Crimes Legislation Amendment (Police and Public Safety) Act 1998, section 11 C (6) (c) (vii) there is an exemption for religious articles:
(6) Without limitation, it is a reasonable excuse for purposes of this section for a person to have custody of a knife, if
(c) the custody is reasonably necessary in all the circumstances for any of the following: (ii) genuine religious purpose.
South Australia The Summary Offences (Offensive and Other Weapons) Amendment Act 1998, subsection (2a) (g) provides:
“(2a) The following persons are exempt persons for the purpose of subsection (1d) in the following circumstances ;(g) a person who has possession of, or uses, a dagger for a religious purpose.”
This is confirmed in a letter to the Acting President of Sikh Society of South Australia, by Trevor K. Griffin Attorney General of South Australia.
Victoria The Control of Weapons Act was passed in 1990. In response to the concerns expressed by the Sikh Community, the Minister for Police and Emergency Services issued a Media Release, in May 1990, stating:
‘The Victorian Government is committed to upholding the rights of its ethnic and religious minorities to practice their own cultures and religious observances.”
The legislation does not discriminate against people who have good and lawful reasons for using knives. The concept of lawful excuse remains, so that people with legitimate uses for knives in public places are not disadvantaged.
Clearly Sikhs who carry kirpans as part of their traditional culture and religion have undoubted legitimate and lawful excuse. They will not be prevented from doing so”.
The exemption was confirmed in a letter to the Sikh Interfaith Council of Victoria by the Justice Department in December 2002. The letter stated:
The exemption “covers a dagger that forms part of a traditional costume or ceremonial dress, which would include the wearing of such a weapon for religious purposes.”
Subsequently with the Control of Weapons (Amendment) Regulations 2003, which commenced operations on July 1 2004, the Sikh Community was granted an exemption by Order in Council General Exemption under Section 8B to Possess Swords. Item 5 of the Order reads:
Class of Persons. A member of a religion whose practices involves swords.
Extent of Exemption. Bringing a sword into Victoria, causing a sword to be brought or sent into Victoria , selling or purchasing a sword, displaying or advertising a sword for sale, possessing using or carrying a sword for the purpose of the performance of duties associated with religious observance.
Summary
Sikhism was founded in the fifteenth century by Guru Nanak. It is a monotheistic faith. It does not recognise racial, class or caste distinctions. It also recognizes gender equality. An important underlying concept of the faith is Miri and Piri which stands for a balance between spiritual and the temporal. This was signified by the two kirpans that were put on by the sixth Guru in 1606. Since then the sword or kirpan has been an important article of the faith. The tenth Guru made it mandatory for those being initiated (taking amrit) who are to take on the role of a saint soldier.
Amritdhari Sikhs follow a strict code of discipline of truthful living. They worship the eternal Lord, earn an honest living, share their earnings, and serve humanity, maintain moral behaviour, and have a responsibility and a duty to stand up for justice.
A kirpan is a mandatory article of faith for an Amritdhari Sikh. It is one of five articles of faith. It is worn at all times. It is held in a strap at one’s waist under the garments where it is safe and secure.
Article 25 of the Indian Constitution recognizes the significance of the kirpan for the Sikh faith. Exemptions for wearing the kirpan are included in various states of Australia. In Victoria there is an exemption by Order in Council under Section 8B of Control of Weapons Act 1990.
Click here to download a document "Police and Kirpans- The Religious Knife"
Legislation exemptions for Kirpans:
