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Guidance on wearing Kirpans in schools in the UK


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ANNEX F

WEARING KIRPANS IN SCHOOLS

1 As explained in paragraph 6.1.8, the carrying of a knife for religious purposes is a statutory defence under section 4 of the Offensive Weapons Act 1996.

2 Sikhs who have been initiated in a ceremony called Amrit Pahul are required to carry a kirpan at all times. The kirpan is a ceremonial sword and is one of the five sacred symbols of the Sikh faith. Both male and female children can be initiated. There is no lower age limit, but the child must be old enough to understand the significance of the ceremony. Children of primary school age have undergone the ceremony.

3 Some Sikhs believe that it is sufficient for the kirpan to be symbolic, so that kirpans as small as one and a half inches long can be worn under clothing and sealed so that they cannot be drawn. Kirpans may sometimes be secured in protective padding. Other Sikhs believe that the Kirpan must be around eight inches long, with a five inch blade.

4 Governing bodies of all schools and, in the case of county and controlled schools, LEAs, have responsibilities under health and safety legislation to ensure the welfare of those within schools. It is for them to decide whether to allow Sikh children to wear a kirpan in schools. They will need to be able to satisfy themselves that the kirpan does not present a health and safety risk either to the child wearing it or to other pupils and staff.

5 LEAs and governing bodies also need to be aware of the possible impact of the Race Relations Act 1976. The courts have ruled that Sikhs are a ‘racial group’ for the purposes of the Act. Depending on the circumstances, a rule which operated to forbid the wearing of a kirpan, or resulted in, for example, the exclusion of a pupil who insisted on wearing one, might be alleged to constitute unlawful indirect discrimination under section 17 of the Act. A requirement will not be indirectly discriminatory, however, if it is adopted for a legitimate objective and is an appropriate and reasonably necessary means of achieving this objective. In particular cases it may be appropriate to take legal advice.

6 Schools should be fully aware of the religious observances of Sikhs and the need to deal with this issue sensitively. It should normally be possible to reach a compromise between the religious practice of the Sikh community on the one hand, and the understandable concerns of schools and non-Sikh parents on the other, for example by permitting the wearing of symbolic kirpans secured as described above.

7 A number of LEAs have produced detailed guidelines on this issue, which have been drawn up after local consultation with both the Sikh community and schools. In respect of county and controlled schools, LEAs should offer advice where difficulties arise over this issue. Any guidelines produced by LEAs should not require schools to admit children wearing kirpans if they meet certain specifications. The governing body and staff at the school will have their own responsibilities relating to the conduct of the school and the welfare of pupils, on which they will need to make a judgement.

This is from the Department for Education and Skills (DFES) web site. Any Sikh child in school may find it a useful reference document.

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