Google AI


Modern Australian

Why a Queensland court overturned a ban on religious knives in schools

  • Written by: Renae Barker, Senior Lecturer, The University of Western Australia
Why a Queensland court overturned a ban on religious knives in schools

The Supreme Court of Queensland last week overturned a law banning children from bringing “knives” to school for religious reasons. This will allow Sikh students, parents, and teachers to carry a ceremonial dagger known as a “kirpan” at schools in Queensland.

Initiated Sikhs must carry a kirpan as one of five articles of faith. Those preparing for initiation, including school aged children, may also carry the five markers of faith. Many kirpans are blunt and worn stitched inside a sheath under a person’s cloths.

This isn’t the first time the issue of kirpans in schools has been raised. In 2021 the New South Wales government temporarily banned students from wearing kirpans at school following an incident where a 14-year-old boy used one to stab another student. The ban was eventually lifted after consultation with the Sikh community, leading to new guidelines.

In 2006 the Canadian Supreme Court found a ban on wearing kirpans in school was a breach of freedom of religion under the Canadian Charter of Rights.

What made the Queensland law particularly egregious is that not only did it prohibit the freedom of religion of a small and vulnerable minority, it did so deliberately. The only religious or ethnic group in Australia that habitually wears a religious or cultural symbol that resembles a knife are Sikhs. The law was therefore directly targeted at Sikhs.

The Queensland case highlights the needs for Australia’s secular legal system to recognise the adverse impact of law on religious and cultural minorities.

What did the court say?

All states and territories have laws prohibiting people from carrying and using knives in public places and schools. However, knives can be used for a range of legitimate activities such as cutting food or whittling wood. Children can carry knives as part of a scout’s uniform, for example. As a result, all states and territories have exemptions that allow people, including children, to carry and use knives where it’s “reasonably necessary”.

In New South Wales, Victoria, South Australia, Tasmania, and the Australian Capital Territory there are also specific exemptions that allow Sikhs to wear a kirpan for religious purposes. In Western Australia and the Northern Territory, Sikhs rely on the general exemption when wearing a kirpan in public places or at schools.

Read more: 'No religion' is Australia's second-largest religious group – and it's having a profound effect on our laws

But Queensland’s laws are a little different. Section 51(1) of Queensland’s Weapons Act 1990 prohibited carrying knives in a public place or school without a reasonable excuse. As in other states and territories, the act also provides a range of reasons, including religion, for carrying a knife in a public place.

However, section 51(5) specifically states that religion is not a reasonable excuse for carrying a knife at a school.

To be clear, children could still bring a knife to school in Queensland for a range of other reasons, such as to cut up food or as part of their studies. However, Sikh children were specifically banned from carrying a knife for religious reasons.

The Supreme Court found the ban on bringing a knife to school specifically for religious reasons was inconsistent with the Racial Discrimination Act.

As per Australia’s constitution, state laws that are inconsistent with Commonwealth laws are void to the extent of the inconsistency. So, the court found that section 51(5) of the Queensland’s Weapons Act 1990 was void.

A religion or ethnicity?

Sikhism originated in the Punjab region in South Asia in the 15th Century. There are around 25-30 million Sikhs worldwide, with about five million living outside the Punjab region.

At the 2021 census there were 210,400 Sikhs in Australia, roughly 0.8% of the population.

While Sikhism is commonly thought of as a religion, the courts have recognised Sikhs have a common ethnic origin. As one of the judges explained in the case:

Nearly all Sikhs originate from the Punjab region. Nearly all Sikhs continue to have a link with family in Punjab, practice elements of Punjabi culture and speak the Punjabi language.

As a result, Sikhs are considered to be an ethno-religious group for the purposes of the Commonwealth Racial Discrimination Act.

A knife or a religious symbol?

The kirpan is one of the five articles of faith worn by initiated Sikhs and those preparing for initiation. The other four are: a kachera (a special undergarment), kanga (a wooden comb), kara (an iron band) and keshas (unshorn hair). If one of the five items is removed, they’re required to undergo a lengthy absolution (or forgiveness) process.

The Queensland Supreme Court found the kirpan was a knife for the purposes of the Weapons Act 1990. It found that a knife remains a knife no matter how blunt or sharp it is, how it’s worn or how easy it is to access.

To Sikhs, a kirpan is fundamentally a religious symbol. It’s a symbol of dignity and of their obligation to stand up for others. Referring to the kirpan as a knife downplays its important religious significance. But in a secular legal system, defining it in any other way would be unworkable.

What happens now?

The Queensland education department is carefully considering the Supreme Court’s decision.

The court did leave the door open for a complete ban on knives in schools, although this would impact other legitimate uses of knives such as preparing food.

Kirpans are currently worn in schools by students, parents and teachers in other states of Australia, often with strict guidelines. The Queensland education system will likely need to develop similar guidelines.

Authors: Renae Barker, Senior Lecturer, The University of Western Australia

Read more https://theconversation.com/why-a-queensland-court-overturned-a-ban-on-religious-knives-in-schools-211042

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...