Can carry Kirpan at all times: Australian SC in a major verdict

New Delhi: Supreme Court of Queensland, Australia declares that the use of Sikh Kirpan (religious dagger) in an educational institute is not prohibited from now onwards. Kamaljit Kaur Athwal filed a case against the state government last year to allow carrying Sikh Kirpan all the time as part of their faith.

Last year, she filed a case against the state government, claiming that the prohibition unfairly discriminated against the kirpan, which holds significant religious importance for Sikhs. She emerged victorious in her case, and the state’s highest court eventually declared the law unconstitutional, citing the Racial Discrimination Act and ruling in Athwal’s favour.

A pioneering court decision dismissed the claim that the restriction on carrying knives was discriminatory. However, this week, three justices on the Court of Appeal established that Section 10 of the Commonwealth Racial Discrimination Act of 1975 contradicted a provision in the Queensland Weapons Act of 1990, which forbids carrying knives in public places and schools.

Following the court’s ruling, the Queensland Education Department has responded, acknowledging the ramifications of the decision. In a statement, the department stated that it will carefully consider the implications of the ruling.

According to Athwal’s attorney, as quoted by ABC News, the court faced the challenging task of balancing the human rights of individuals to practice their religion and express their faith with the human rights of student and teacher safety. The attorney further mentioned that their client is content with the outcome of the ruling.

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