Jaskeerat Singh Gulshan: British barrister battling for right to wear kirpan in the court
By Parminder Saini | Britain |
I became a Barrister because I wanted to help people. Those from all walks of life who were downtrodden and fighting injustice. Imagine my surprise when I find myself confronted with that very scenario but where my client is a young, promising British Sikh lawyer fighting against our own government?
My client, is Jaskeerat Singh Gulshan, a Barrister (NP) who was prevented from entering a court building due to wearing his Kirpan. Yes, you read that right – a lawyer was prevented from entering a court building simply because he was practicing his faith. This story has already featured in the press, however the battle has now gone to the High Court where I have been instructed via Direct Access and represent this Sikh lawyer in his bid to be able to wear his Kirpan and maintain a career as a lawyer by attending court.
The case is one of the most important cases the Sikh community in the UK has faced. Sikhs and their articles of faith are protected by law and Sikhs are permitted to carry Kirpans of any length in public; however, HMCTS [HM Courts & Tribunals Service, the executive agency of the Ministry of Justice] seeks to restrict the size of Kirpan a Sikh can wear in our Courts, even if completely concealed under their clothing and hidden from sight.
How can it be that in a country like modern England, which is so tolerant and respectful of minority religions and ethnic communities, this behaviour and curtailment of one’s right to manifest their faith is being perpetrated by our own government? This question and others will be answered in this landmark litigation.
I encourage my fellow lawyers to not underestimate the importance of this case for other minority communities either. As history has taught us, it is the slow erosion of our morals, principles and tolerance of others (particularly when worryingly sanctioned by government) that marks the start of a decline in our society and our values. It is ironic that justice is blind and impartial, but only if you can get past the front door of the courthouse.
For me, this matter represents a fundamental check on our societal values where the Courts must consider whether a racial and ethnic minority and faith should be protected from potentially discriminatory and unlawful behaviour from their own government.
Please do share news of this litigation and please contribute whatever you can, to the JustGiving page that this young lawyer is starting, to help him fund this important case, which may likely reach the higher courts.
Parminder is a barrister practising at the Bar in London. He specialises in Public law and Human Rights, with an emphasis on Immigration, Asylum, Nationality and Free Movement law. He was appointed a Deputy Judge of the Upper Tribunal, Immigration and Asylum Chamberin 2015 and Deputy Judge of the First-tier Tribunal, Tax Chamber in 2018.
(Below is Justice4Kirpan campaign note, adapted from their LinkedIn page)
Justice4Kirpan
Advocating for the recognition of Kirpan and standing against any form of religious and racial discrimination.
Justice4Kirpan is a campaign that began as a result of Ealing Magistrates’ Court refusing entry to Jaskeerat Singh Gulshan, a lawyer, for carrying his Kirpan.
Jaskeerat Singh, a baptised (Amritdhari) Sikh, has been practising law for over 7 years and he has been wearing his Kirpan since the age of 13. He has been representing clients as a Lawyer in Immigration Tribunals, Family Courts and he had been attending other courts on regular basis whilst wearing his Kirpan.
An Amritdhari Sikh is required to observe a rigorous code of conduct (‘Rahit’) symbolised by the wearing of five articles: Kes (translated as “long uncut hair”), Kangha (translated as “a comb”), Karha (a steel bracelet), Kachara (cotton shorts), and Kirpan (a sword). The names of these articles begin with the letter ‘K’ and thus these articles came to be known as the “5 K’s”.
On 8 April 2021, Mr Gulshan was requested by Witness Support Services to attend Ealing Magistrates’ Court to provide emotional and moral support for a close relative who had been a victim of a crime, to assist her in giving evidence for the Crown against the defendant. He was prohibited from entering the court building due to the size of his Kirpan. He was discriminated against, treated like a criminal, and forced to go against his religious values and remove his kirpan as it was above 6 inches.
Mr Gulshan had never been discriminated against or refused entry into a court building due to the size of his Kirpan. He also complied with his civic duties by doing a Jury Service for two weeks in a Crown Court with the very same Kirpan but it was not an issue.
As a result of the discrimination faced by Mr Gulshan, he has lodged an application for Judicial Review at the Royal Court of Justice to challenge the outdated policy presented by HMCTS. We are now waiting for the Government Legal Department to respond to our application and a Judge to consider our application and to allow us to proceed with a Judicial Review hearing.
RELATED STORY:
NSW seeks feedback on wearing kirpan in schools (Asia Samachar, 25 June 2021)
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Kirpan is not symbolic, and without Kesh + Shastar you’re not a full man.
End of.
Traditional Kirpan is 3ft Sword.
Anyone against Weapons is not a Sikh.
ਵਾਹਿਗੁਰੂਜੀਕਾਖਾਲਸਾਵਾਹਿਗੁਰੂਜੀਕੀਫਤਿਹ
Deepak Ji. We can compare this issue with various contingents of dangers. There are laws applied to any inflicting dangers to another human. So Kirpan is definately one of it. As I mentioned mental state is dynamic, it can be suicidal or endangering others. So in a peaceful society any such instrument, daggers, knifes, bombs, driven machinary are related to a mental state of anyone delebrating them. So why not we all be proactive for the safety of others?
Mr Bains says: I’m Definately not supportive of Kirpan in common places because we cannot judge a mental state of a person carrying it whether it is on religious rights or not? This sounds like a dangerous line of argument. Then what about driving? Some driver carrying valid driving licenses may not be mentally stable to actually be on the roads. So, have we unleashed a legion of men and women with lethal weapon called vehicles? It’s not so straight forward, right? We cannot simply deny them the right to drive. The same goes with the right to bear the kirpan.
Kirpan is part of the 5Ks – panj kakaars. My guess is that it is the least won amongst the 5Ks. From amongst the Sikhs who observe the 5K rahit or discipline, more keep the kesh and kachera. I know many Sikhs who identify themselves as amritdharis but do not keep the kirpan on themselves at all times. But it does not mean we take away the rights of those who want to maintain the kirpan as per their faith.
Kirpan is symbolic of the reign through which our Guru Sahiban had to thread during an era where all the 5K were made compulsory for identification and unification in times of distress from the tyranny of Mugals. The era has passed. The 5K are only symbolic. The followers of Guru’s teachings and SGGS not observing the 5Ks has today outnumbered those observing half of the 5Ks. Those who wear turbans only but without the other 4ks, what about those with only 3Ks and without the other 2Ks?. Can anyone remove them from the Sikh dairy for not being qualified as Sikhs? Are they not allowed to enter a Gurdwara?
If the authorities have a justified reason not to allow dangerous weapons into a premise, I don’t find anything wrong in this. We should comply. Or then the Gurdwara on the other hand should strickly don’t allow those without 5Ks into the darbar? . Can that happen anywhere in the world?
I’m Definately not supportive of Kirpan in common places because we cannot judge a mental state of a person carrying it whether it is on religious rights or not? The little kirpan/knief is not going to protect us in any gang fight? It’s purely symbolic. Honestly speaking, the Sikhs have lost the ideology of our Gurus somewhere along these decades. I’m not supportive of Kirpan even in Gurdwara. We have seen over the recent years its usage in fights. It is anyway a weapon and it can be used out of frustration or anger. We are human and our emotions can deter and mislead us. Let’s focus on Gurbani and Naam Jaapna.
GURDAS singh DASS October 30, 2021 at 12:37 am
Amritdhari Sikh is always have to wear 5 K’s and Kirpan is one of the 5 K’s.If he is not allowed to enter the court is infringement of his religious rights.I fully support that Amritdhari Sikh should be allowed to wear Kirpan in the court and even when traveling by air.
Gur Amar Dass ji AMRITDHARI, Jo bole Sonihal, Sat Sri Akal
Obviously you did not comprehend my message otherwise good sense would had prevailed. I suggest focus more on understanding the Shabad Guru than worrying about materialistic things like daggers, swords, Kirapaan, knives , etc . On the same note, aeroplanes had been around for ages, when did you last wear your dagger aka Kirapaan on a flight. All the hard work to image the Sikhs as a caring community has now becoming a Talibanisation image after the intoxicated druggists NiHangs chopped the limbs of an innocent mentally challenged Sikh , all he did was to walk away with a wrapped Pothi of a NiHang, period. Koi changa kaam karlo , nitnem Jaap lo
Jo bole Sonihal, Sat Sri Akal. All Sikhs if not most , are baptized from birth , no difference now and than and to be classed as Amritdhari Sikh or Sehajdhari Sikh now and given special privileges from others is not what the Sikh faith is all about. Whose Sikhi are we following today ?? Is it the Sikhi of Humanity as espoused by Baba Nanak or ?? Like the turban , there are no set rules in terms of colour, length and design, so goes for Kirpan, if one is not allowed to carry same on aeroplanes without fuss than why all these unnecessary fuss in security areas like the courts. There are many ordinary looking Sikhs carrying out yeoman sewa without fanfare and neither carry a Kirpan nor a pin. If you insist, than carry a 1 inch symbolic Kirpan, no Guru is going to get offended, please use the funds to help educate and feed the poor . Nothing personal.
Amritdhari Sikh is always have to wear 5 K’s and Kirpan is one of the 5 K’s.If he is not allowed to enter the court is infringement of his religious rights.I fully support that Amritdhari Sikh should be allowed to wear Kirpan in the court and even when traveling by air.
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