NSW seeks feedback on wearing kirpan in schools

New South Wales is seeking feedback on ‘proposed changes to the wearing of knives in schools for genuine religious purposes’, a move that can impact on Sikh students who wear kirpan to school. The one-week consultation period initiated by the NSW education department ends today (25 June).

“The Department has worked closely with community representatives and other government agencies to develop a solution for students that meets the needs of their faith while adhering to school safety policies,” according to a note at the NSW official state website.

The move was in response to an alleged stabbing incident at the Glenwood High School in Sydney’s west on May 6. In that incident, apparently followed a lunch time argument, a 14-year-old Sikh student, who is believed to have been bullied at school, was alleged to have used his kirpan in an incident that allegedly resulted in injury to another student.

SEE ALSO: What about Sikh students leaving kirpaan at home?

Subsequently, NSW has temporarily banned wearing of kirpan by students. State education minister Sarah Mitchell had told local media that the state will close a “loophole” in the current legislation that allows students to carry religious knives at NSW schools.

In a feedback made public, international humanitarian relief outfit United Sikhs welcomed efforts to lift the temporary kirpan ban in public schools in NSW, but raised objections to some of the proposed changes outlined in the consultation paper.

“We are mindful of the need to balance the right of Sikhs to practice their faith and the safety of all students and staff,” United Sikhs international legal director Mejindarpal Kaur said in the three-page note sent to NSW education department secretary Georgina Harrison.

In the consultation paper, NSW education department said it has a strict policy specifying no weapons being allowed at school, in line with its legal obligations under the Work Health and Safety Act 2011 to eliminate or minimise risks to health and safety (so far as is reasonably practicable). In accordance with the Summary Offences Act 1988 (NSW), there has to date been a legal exemption for knives carried for religious purposes, including a Kirpan as carried by baptised Sikh students, it added.

The consultation note said that a Kirpan is a short sword or knife with a curved blade, worn as one of the five distinguishing articles of Sikh faith, adding that baptised Sikhs must wear a Kirpan closely on their person at all times.

“Whilst a Kirpan is ceremonial in nature and not intended to be used as a weapon, it can have the potential to cause harm or injury as identified in a recent serious incident at a NSW high school,” it added.

It said the proposed approach involves the establishment of clear guidelines and parameters for a how a Kirpan can be worn in schools by students and school workforce. Below is the excerpt from the consultation paper.

These guidelines will stipulate the Kirpan: 

• is of a small size, i.e. 8.5cm blade or less, and blade and handle combined to be 16.5cm or less;
• has a blunt blade and is secured so that it cannot be used, i.e., secured by a chain (that is soldered closed at the links) that restricts the blade being removed, or sewn into sturdy fabric loop that is sewn to the Kirpan belt;  
• must be concealed from view;
• must be removed and safely stored, or secured against the body, when undertaking physical activity such as sport; and
  • Note that “secured against the body” means wrapped in sturdy fabric and secured within a sports band or leather belt that ensures it cannot slip out or cause injury to the wearer or another person.
• the student must verify, in a reasonable way, that these guidelines are being complied with, when reasonably asked by the school. Any reasonable safety concerns will be discussed with the student and their parents or carers.

In its response, United Sikhs noted that a kirpan is not a ceremonial as it is worn at all times and not only for ceremonies. Therefore, it has requested to replace the word ‘ceremonial’ with ‘religious’.

“To refer to a Kirpan as a ‘knife’ is offensive. Please use ‘Kirpan’ as a proper noun (which we note and appreciate you have done so for the most part),” it added.

The note also said attaching a chain to a Kirpan would require the Kirpan to be physically modified, which it said would be inappropriate.

As part of the review process, the NSW education department said it will also consult with other relevant parties as deemed necessary throughout the course of the review.

RELATED STORY:

New South Wales bans kirpan in schools after alleged school stabbing incident (Asia Samachar, 18 May 2021)

What about Sikh students leaving kirpaan at home? (Asia Samachar, 24 June 2021)