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France Will Look Into Lifting Ban On Turban


Mehtab Singh
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http://www.samachar.com/showurl.htm?rurl=h...~assures~Advani

France will look into lifting ban on turban, Chirac assures Advani

Pioneer News Service/ New Delhi

President Jacques Chirac on Monday assured Leader of Opposition LK Advani that France would look into the demand of lifting the ban on Sikh schoolchildren wearing turbans in his country.

Sources said that during his meeting with the French President, Mr Advani drew his attention to the protest in India over the ban and urged Mr Chirac not to allow such minor irritants to affect the cordial relation between people of both countries.

Mr Advani pointed out that France had stood by India after the post-Pokhran II adverse world reactions and both countries had marched forward in a strategic partnership.

Sources said that Mr Chirac assured Mr Advani that France would look into the sensitivity of the issue and "amicably" sort it out in the coming days.

Earlier, a delegation of BJP Sikh MPs led by leader of Rashtriya Sikh Sangat RP Singh called on Mr Advani and requested him to raise the issue with the French President during their meeting. The others members of the delegation included Harijit Singh Grewal, Navjot Singh Sidhu, president BJP Punjab unit Avinash Khanna, and former State president BL Rinwa.

The delegation stressed that Sikhs had contributed valiantly to the French aspirations of liberty, equality, and fraternity during the two World Wars when turban-wearing Sikh soldiers served in France in 13th Cavalry and 8 Infantry regiments.

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I was just having a thought and it occurred to me that the Mandala case was fought over the issue of the Turban and the Sikhs won, and were recognised as a distinct ethic group, and therefore not asking a Sikh to be wear a turban would be construed as racial discrimination. Could not the same argument be used through the European Parliament. I am sure other European Laws have been used in such a manner?

The Mandala case:

http://www.cathcham.freeserve.co.uk/book/08.htm

The definition of "racial group' set out in s28(4) is almost word for word the same as the definition of "racial group' in s3(1) of the Race Relations Act 1976, which deals with racial discrimination in the workplace. For this reason cases under that act will be the starting point for deciding whether the victim of an alleged offence is or is not a member of a _racial group' and therefore whether the provisions relating to racially aggravated offences applies. The leading case defining "Racial Group" for the purpose of the Race Relations Act is Mandla v Dowell Lee [1983] 2AC 548 where the House of Lords had to decide whether refusing to allow a Sikh to wear his Turban constituted racial discrimination under the Act or constituted religious discrimination which is not covered by the Act. The House of Lords held that even though Sikhism is a religion Sikhs were to be regarded as a distinct racial group because of their awareness of a common history and culture as well as their common religion.

Furthermore

In the lead case, Mandla v Dowell Lee [1983] 2 AC 548, Lord Fraser set out the factors to be considered in assessing whether a protected "ethnic group" exists,

"For a group to constitute an ethnic group in the sense of the Act of 1976, it must, in my opinion, regard itself, and be regarded by others, as a distinct community by virtue of certain characteristics. Some of these characteristics are essential; others are not essential but one or more of them will commonly be found and will help to distinguish the group from the surrounding community. The conditions which appear to me to be essential are these,

(1) a long shared history, of which the group is conscious as distinguishing it from other groups, and the memory of which it keeps alive;

(2) a cultural tradition of its own, including family and social customs and manners, often but not necessarily associated with religious observance. In addition to these two essential characteristics the following characteristics are, in my opinion, relevant,

(3) either a common geographical origin, or descent from a number of common ancestors;

(4) a common language, not necessarily peculiar to the group;

(5) a common literature peculiar to the group;

( 6 ) a common religion different from that of neighbouring groups or from the general community surrounding it;

(7) being a minority or being an oppressed or dominant group within a larger community, for example (say, the inhabitants of England shortly after the Norman conquest and their conquerors might both be ethnic groups.) A group defined by reference to enough of these characteristics would be capable of including converts, for example, persons who marry into the group, and of excluding apostates. Provided a person who joins the group feels himself or herself to be a member of it, and is accepted by other members, then he is, for the purposes of the Act, a member. . . . In my opinion, it is possible for a person to fall into a particular racial group either by birth or adherence, and it makes no difference, so far as the Act of 1976 is concerned, by which route he finds his way into the group." ([1983] 2 AC at 562)

Applying these criteria, Mandla held that Sikhs constituted an "ethnic group"; in subsequent cases Gypsies have also been held to be an "ethnic group" (CRE v Dutton [1989] IRLR 8 (CA)), while Rastafarians have not (Dawkins v Department of the Environment [1993] IRLR 284, [1993] ICR 517 (CA)).

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http://www.samachar.com/showurl.htm?rurl=h...~assures~Advani

France will look into lifting ban on turban, Chirac assures Advani

Pioneer News Service/ New Delhi

President Jacques Chirac on Monday assured Leader of Opposition LK Advani that France would look into the demand of lifting the ban on Sikh schoolchildren wearing turbans in his country.

Sources said that during his meeting with the French President, Mr Advani drew his attention to the protest in India over the ban and urged Mr Chirac not to allow such minor irritants to affect the cordial relation between people of both countries.

Mr Advani pointed out that France had stood by India after the post-Pokhran II adverse world reactions and both countries had marched forward in a strategic partnership.

Sources said that Mr Chirac assured Mr Advani that France would look into the sensitivity of the issue and "amicably" sort it out in the coming days.

Earlier, a delegation of BJP Sikh MPs led by leader of Rashtriya Sikh Sangat RP Singh called on Mr Advani and requested him to raise the issue with the French President during their meeting. The others members of the delegation included Harijit Singh Grewal, Navjot Singh Sidhu, president BJP Punjab unit Avinash Khanna, and former State president BL Rinwa.

The delegation stressed that Sikhs had contributed valiantly to the French aspirations of liberty, equality, and fraternity during the two World Wars when turban-wearing Sikh soldiers served in France in 13th Cavalry and 8 Infantry regiments.

152733[/snapback]

Great, while our own Sikh leaders are seemingly impotent over the issue we have anti-Sikh groups such as RSS exploiting panthic issues by pretending to side with us. slimy gits

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The biggest disgrace is our so called leaders...... Can't the supreme of world's largest democarcy and one of biggest markets in world has power to press upon a request. If he has the will he certainly can. India and france signed airbus deals worth billions of dollors.... boeing wanted that deal too...... All manmohan singh has to do was to ask chirac for sikh rights for the airbus deal...... I'm dead sure even if today manmohan hinted of rejecting the airbus deal and accepting boeing over sikh rights issues, chirac will take action immedietly....... They dont want to loose billions (around 30) of dollors...... Moreover our leaders should see and figure out what tune these french or westerners listen to..... and try to convince them for sikh rights.........

Manmohan singh wears a turban himself and he should feel how embarrasing it would be to take it off to go to a govt. institute. I personallly feel none of our leaders is pursuing this issue from their heart.... once in a while they give a statement for their vote bank, but its sikhs in france who are suffering every day.... they should be more active in pressing their demands........

US, UK and other countries stand up behind their every citizen.... If sikhs are considered indian citizens then why is not govt. doing anything for it....... And it is really a shame that ppl like advani and RSS are speaking out for sikh issues rather than our own leaders!!!!.....

Sikhs really lack a good leader like Sant jarnail singh ji!!!!!

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