Kirpan
| Kirpan | |
|---|---|
Example of a kirpan. Kirpan of various sizes are worn by all Baptized Sikhs (Khalsa) at all times |
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| Type | Sword/Dagger |
| Place of origin | India |
The kirpan (English pronunciation: /kɪərˈpɑːn/; Punjabi: ਕਿਰਪਾਨ kirpān) is a ceremonial sword or dagger carried by orthodox Sikhs. It is a religious commandment given by Guru Gobind Singh (the tenth Guru of Sikhism) at the Baisakhi Amrit Sanchar (a holy religious ceremony that formally baptizes a Sikh) in CE 1699, all baptised Sikhs (Khalsa) must wear a kirpan at all times.[citation needed]. The word Kirpan (Gurmukhi: ਕਿਰਪਾਨ ) has two roots - the first root is: Kirpa (ਕਿਰਪਾ ) which means "Mercy, grace, compassion, kindness" and the second root is Aan (ਆਨ ) which in turn means "Honor, grace, dignity". So together the word stands for "the dignity and honor of compassion, kindness and mercy"
It was one of the five Kakars or 5K's which displayed commitment to the Hukam[citation needed].
Although not all those who identify themselves as Sikhs carry a kirpan, it is one of the five articles of faith required to be worn by orthodox Sikhs. [1]
Sikhs embody the qualities of a "Sant-Sipahie"—a saint-soldier. One must have control over one's internal vices and be able to be constantly immersed in virtues clarified in the Guru Granth Sahib. A Sikh must also have the courage to defend the rights of all who are wrongfully oppressed or persecuted irrespective of their colour, caste or creed.
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[edit] Further details
The kirpan has both a physical function, as a defensive weapon, as well as a symbolic function. Physically it is an instrument of "Ahimsa" or non-violence. The principle of ahimsa is to actively prevent violence, not to simply stand by idly whilst violence is being done. To that end, the kirpan is a tool to be used to prevent violence from being done to a defenseless person when all other means to do so have failed. Symbolically, the kirpan represents the power of truth to cut through untruth. It is the cutting edge of the enlightened mind.
A baptised Sikh, better known as a Khalsa Sikh is a "Sant-Sapie" - a Saint-Soldier: A saint first and then a soldier. So to satisfy this term, one must first become a saint and then a Soldier. As a saint one must have total control over ones internal vices and be able to constantly be immersed in five virtues as clarified in the SGGS. Only then can a Sikh become a soldier. Also, the Khalsa is "Akal Purakh de fauj" - the Army of God. Guru Gobind Singh clearly choose these words very deliberately - He did not state that the Khalsa was the army of the Khalsa or an army of the Sikhs or the army of Punjab - but an Army of God whose function was the protection and safeguarding of all the peoples of God regardless of religion, race or creed.
Typically made from steel or iron, kirpans range in blade size from over 3 feet (90 cm) to 5 inches (12.7 cm), though Sikhs in the West wear kirpans with a blade of about 3.5 inches as carrying a full-size kirpan in western public may look too intimidating. In the West, some Sikhs wear the kirpan concealed under their clothes. To the Sikhs, it is an article of faith of their religion.The kirpan is always kept sheathed except when it is drawn in religious ceremonies/prayers or to defend ones self and protect others.
Guru Gobind Singh in the following verses instructs the Sikhs to only draw the sword as a last resort and in response to an attack by the aggressor: (22) | Dasam Granth – Zafarnamah
'When all means to keep peace fail, its righteous to rise the sword' or "When todays time is moved by inappropriate tyranny. With Great fortune you are afforded, The sword Just!" Guru Gobind Singh.
The justification of the use of force as a last resort is for a collective greater good against oppression and tyranny. It is not meant as permission to seek justice for the wrongs committed to an individual.
[edit] Legality
In recent times, there has been debate about allowing Sikhs to carry a kirpan that would otherwise be an unlawful weapon, with some countries allowing Sikhs a dispensation.
Other issues not strictly of legality arise such as whether or not to allow carrying of kirpans on commercial aircraft or into areas where security is enforced.
[edit] Belgium
On October 12, 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".[2]
[edit] Canada
In most public places in Canada a kirpan is allowed, although there have been some court cases involving the carrying of the object 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, nor could the limitation 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[3] was reached. In September 2008, Montreal police announced that a 13-year-old student would be charged after he allegedly threatened another student with his kirpan. However, while he was declared guilty of threatening his schoolmates, he was granted an absolute discharge for the crime on April 15, 2009.[4]
On February 9, 2011, the National Assembly of Quebec unanimously voted to ban kirpan from the provincial parliament buildings.[5] However, despite opposition from the Bloc, it was voted that the kirpan be allowed in parliamentary buildings. [6]
[edit] Denmark
On October 24, 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 3000 kroner fine or 6 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 in public places if it is for any purpose recognized as valid, including hunting, 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." Conviction number for the case above, is U 2007.316 Ø in weekly justice.
[edit] India
Sikhism originated in India and is a major religion there, unlike the other countries discussed here. Article 25 of the Indian Constitution deems the carrying of a kirpan to be included in the profession of the Sikh religion,[7] thus legalizing the carrying of a kirpan by Sikhs.
[edit] 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.[8][9]
[edit] United Kingdom
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.[10] However, there is a specific defence for a person to prove that he had it with him for "religious reasons".[10] There is an identical defence to the similar offence (section 139A) which relates to school grounds.[11]
[edit] United States of America
There have been several court cases in states of the USA relating to the legality of wearing a kirpan in public places. Courts in New York and Ohio have ruled that banning the wearing of a kirpan is unconstitutional.[12] 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. In recent years the Sikh practice of wearing a kirpan has caused problems for security personnel at airports and other checkpoints; security personnel may confiscate kirpans if they feel it is necessary, but are advised to treat them with respect.[13] Sikh leaders chose not to attend an April 17, 2008 interfaith meeting with Pope Benedict XVI at the Pope John Paul II Cultural Center in Washington, DC rather than remove the kirpan.[14]
[edit] References
- ^ "Mightier than the kirpan - I find it hard to justify knives being allowed in schools". The guardian (London). February 9, 2010. http://www.guardian.co.uk/commentisfree/belief/2010/feb/09/dagger-dilemma-sikhism-kirpan-schools.
- ^ "Sikhs mogen dolk dragen". Gazet van Antwerpen. 2009. http://www.gva.be/nieuws/binnenland/aid870081/sikhs-mogen-dolk-dragen-3.aspx. Retrieved 2010-03-07.
- ^ "Bulletin of March 3, 2006" (in French). Supreme Court of Canada / Cour Suprême du Canada. http://scc.lexum.umontreal.ca/en/bulletin/2006/06-03-03.bul.wpd/06-03-03.bul.wpd.html.
- ^ "Sikh boy guilty of assault with hairpin". CBC News. April 15, 2009. http://www.cbc.ca/canada/montreal/story/2009/04/15/mtl-hairpin-assault-0415.html. Retrieved 2011-02-10.
- ^ "Le port du kirpan rejeté à l'unanimité au parlement". http://www.cyberpresse.ca/actualites/quebec-canada/politique-quebecoise/201102/09/01-4368677-le-port-du-kirpan-rejete-a-lunanimite-au-parlement.php.[dead link]
- ^ Taber, Jane (June 2, 2011). "Kirpans allowed in House of Commons". The Globe and Mail (Toronto). http://www.theglobeandmail.com/news/politics/ottawa-notebook/parliament-to-accept-and-embrace-wearing-of-kirpan-sergeant-at-arms-explains/article2045522/. Retrieved 4 June 2011.
- ^ http://lawmin.nic.in/legislative/Art1-242%20(1-88).doc
- ^ "Dagens Nyheter: Sikh får bära dolk i skolan". http://www.dn.se/DNet/jsp/polopoly.jsp?d=147&a=21666.
- ^ "Ombudsmannen mot etnisk diskriminering". http://do.se/o.o.i.s/1627.
- ^ a b section 139 Criminal Justice Act 1988
- ^ "Section 139A Criminal Justice Act 1988". statutelaw.gov.uk. http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=2116646&ActiveTextDocId=2116821.
- ^ "The Sikh Coalition Legal Center". http://sikhcoalition.org/LegalUS0.asp. Retrieved 2007-01-30.
- ^ "Kirpan Posters Come to Sikhs’ Help in US". The Times of India. November 22, 2006. http://timesofindia.indiatimes.com/NEWS/World/The_United_States/Kirpan_posters_in_US_to_avoid_Sikhs_being_targeted/articleshow/516267.cms. Retrieved 2007-01-30.[dead link]
- ^ "Sikhs choose daggers over event with pope". http://washingtontimes.com/apps/pbcs.dll/article?AID=/20080305/NATION/118836998/1001&template=printart. Retrieved 2008-03-05.
[edit] External links
- Advice for Sikhs on when to comply with authorities about the Kirpan.
- Explaining what the Kirpan is to a Non-Sikh.
- Press release VDPA Human Rights Conference, Vienna, Austria
- Sword in Sikhism
[edit] See also
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