Let Sikhs wear ceremonial daggers in public, says UK's first Asian judge

SIKHS should be allowed to wear their ceremonial daggers to school and in other public places, Britain's first Asian judge has said.

Sir Mota Singh, QC, said there had been instances of Sikhs being refused entry to public venues because they were wearing the daggers, known as kirpans, or other religious artefacts.

The kirpan is one of the five articles of faith that baptised Sikhs must wear. It is carried in a sheath strapped across the body, hanging on the left side under clothes.

Sir Mota said: "Not allowing someone who is baptised to wear a kirpan is not right.

"I see no objection to a young Sikh girl or boy, who's been baptised, being allowed to wear their kirpan if that's what they want to do. I wear my kirpan and I've always worn it for the last 35 to 40 years, even when I was sitting in court or visiting public buildings, including Buckingham Palace."

Sir Mota, who is retired and who received a knighthood in the 2010 New Year Honours list, added: "I think these are issues that can be dealt with with a certain amount of sensitivity."

Last year, a Sikh police officer who had been told to remove his turban during riot training won a discrimination case against Greater Manchester Police. And a schoolboy was banned from wearing his kirpan at the Compton School in Barnet, north London.

Anoop Singh Wallia, adviser to Sikhs in Scotland, said he backed Sir Mota's call and said he did not believe the kirpan presented any danger in terms of knife crime.

"The Sikhs who wear them are baptised and have a code of ethics. They know the kirpan is a ceremonial dagger and not to be used as a weapon. These Sikhs are devout and I don't see the harm in them wearing it."

Asked if a young Sikh cornered in a street fight might be tempted to defend himself with their kirpan, he replied: "Sikhs don't take drink or drugs and are told from childhood that the kirpan must not be used. I can't think of a court case in Scotland where the kirpan has been used as a weapon."

There are a few hundred baptised Sikhs in Scotland.

Mr Wallia added: "I've known ridiculous situations where people were thrown out of Marks & Spencer for wearing the kirpan. A lot of it is to do with ignorance. It is a religious item and should not be banned. The sgian dubh should not be banned either, but if there was ever any move to ban the kirpan then the sgian dubh should be banned first, because it is not a religious item."

Earlier this month, the Equality and Human Rights Commission announced that it was carrying out a UK-wide consultation exercise developing new guidance to clarify how the law currently applies to Sikhs who wear the five articles of faith.

The guidance aims to promote greater understanding between Sikhs and other communities and will act as a guide for private and public sector organisations.

Last week, the Sikh Federation urged the Office of National Statistics to include Sikhs as an individual race in the 2011 census, after their community won a High Court battle in the 1980s to be officially recognised as a race under British law.

THE FIVE K's

THE five articles of faith, known as the "5 K's", are physical articles of faith worn by Amritdhari Sikhs and cannot be replaced by symbolic replicas.

The 5K's are the kanga, the kirpan, the kara, the kacha and kesh. The turban is also closely associated with Sikhism.

The kanga is a wooden comb worn inside the turban, the kara a steel bracelet, the kacha is a pair of prescribed shorts worn as an undergarment, and kesh is the devotee's long uncut hair, which is usually covered by a turban.

However, it is the kirpan that has led to discussion, with Sikhs saying it is inaccurate to portray it as an item associated with violence when they wear it due to its spiritual significance.

Under the Criminal Justice Act 1988, section 1, it is an offence to have an offensive weapon in a public place.

However, under section 139(b) it is a defence for a person charged with an offence under this section to prove he had the article with him for use at work, for religious reasons or as part of a national costume.

The defence safeguards the position of Sikhs wearing the kirpan for religious reasons. This does not however provide a licence for Sikhs to use the kirpan for unlawful purposes.