Uk Law For Singhs Wearing Shastar

[5ingh1699]

What is the law in the UK for Singhs who choose to wear shastar?

[Gurbar Akaal]

I wear a 12 inch Pesh Kabz and have never had any problems, but if your wearing a bana and traditional garb you can more or less wear watever you want, including full size tulwar.

[Surinderjit]

what about USA?

[Harmeet_Singh]

UK CRIMINAL JUSTICE ACT

The Criminal Justice Act (1988); Section 139

Offence of having article with blade or point in public place.

139.—(1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.

(2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocket knife.

(3) This section applies to a folding pocket knife if the cutting edge of its blade exceeds 3 inches.

(4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

(5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—

(a) for use at work;

(b) for religious reasons; or© as part of any national costume.

A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section "public place" includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.

(8) This section shall not have effect in relation to anything done before it comes into force.

[Sarbloh]

I was once told by a senior Metropolitan Police Officer that the Police generally do not have a problem with the wearing of kirpans or any other shastars by practicing Sikhs unless they feel threatened by the actions of the individual. Gursikhs like Baba Wajeer Singh Nihang of Sukh Sagar Radio fame walked freely around the UK, on public transport and crowded areas without ever experiencing any problems.

Problems probably arrise when we don't have the jeevan and respect to carry those Shastars.

[Babbar_Singhsta]

what about other shastar such as bagh nakha? close combat replica shastar... , say if you wear a kirpan and a gupt shastar in ur kamar kassa , random search and it got found?

[MrDoaba]

what about other shastar such as bagh nakha? close combat replica shastar... , say if you wear a kirpan and a gupt shastar in ur kamar kassa , random search and it got found?

Hmm i doubt you can carry a bagh nakha around with you. Im basing this on the fact that knuckle dusters are illegal and bagh nakha is more or less a much more lethal version. I wouldnt risk it if i was you. Then again unless your acting suspiciously or being anti-social maybe police might be reluctant to random search you because of all the racial profiling business these days.

[Mrkhalsa007]

what about other shastar such as bagh nakha? close combat replica shastar... , say if you wear a kirpan and a gupt shastar in ur kamar kassa , random search and it got found?

Gurfateh Khalsa JI

Any Shaster bro, iv'e been walking around infront of the Police with a 2.5foot tulvaar they just look at you and smile lol Anyway if u have one secretlly hidden and they find it just say its tucked in and safe as in it wont come out etc and isnt a threat, but the first ting is that they wudnt say alot they'll just ask about it...

Here are the Rules & Regulations upon any shaster no matter of the quantity it includes many countries and the Euro star train:

LEGALITY

In India (Legal)

Article 25 of the Indian Constitution deems the carrying of ‘kirpan’ to be included in the profession of the Sikh religion[1], thus legalizing the carrying of kirpan by Sikhs.

In the United Kingdom (Legal)

It is legal under the Criminal Justice Act 1988 (section 139) and Offensive Weapons Act 1996 (section 3 and 4) for a Sikh to carry a kirpan with a blade for religious reasons (other reasons allowed by the Act are cultural or work related reasons). The Criminal Justice Act 1988 safeguards the rights of the Sikhs to carry the Kirpan as it is deemed a necessary part of their religion.

In the USA (Legal)

There have been several court cases in 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.[2] 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.[3]

In Canada (Legal)

In most public places in Canada a Sikh religious Kirpan is allowed but there some places where it is not clear cut. 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 is against Canada’s Charter of Rights and Freedoms as a reasonable accommodation. The issue started when a 12 year old student dropped a 20 cm (8 inches) 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 was reached.

In Sweden (Legal Conditional)

Swedish law has a ban on “street weapons” in public places that also includes knives unless used for hobby (for instance fishing) or profession (for instance a carpenter). Knives considered harmless, like a pocket knife, are allowed so a dull kirpan is allowed.[4][5]

In Denmark

On October 24, 2006, the Eastern High Court of Denmark upheld the earlier ruling of the Copenhagen City Court by which wearing of Kirpan by a Sikh was declared illegal. By this Denmark has become 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 for violating the Danish Weapons Law for publicly carrying a knife. He was fined 3000 Danish Kroner or an alternate imprisonment of 6 days. Though the High Court quashed this sentence, it maintained that the carrying of Kirpan by a Sikh is in violation of the Danish Weapons Law. The judgment stated, 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 Weapons Law allows carrying of knives in public places if it is for fishing, hunting, sports or any other purpose recognized as valid. The High Court did not find religion as being a valid reason for carrying kirpan. 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.

European Law

The Sikhs right to wear a Kirpan is protected by Article 9 of the European Convention on Human Rights on freedom of religion.

Eurostar Train policy

Letter from Richard Brown, Eurostar Chief Executive Officer (10-07-2006):

“Our security arrangements at Eurostar are in effect determined by Transec, the Transport Security Division of the Department for Transport, under the Channel Tunnel Security Order. They are very similar to the arrangements in place at airports for the airline passengers.

In practice, therefore, our response will depend on the size of the Kirpan being carried, which do of course vary in size very considerably. In general any blade of three inches’ length or less is now permitted to by carried by passengers – provided this is not a flick knife or lock knife. Any longer than this, and a passenger is not allowed to carry the blade on them personally – but they can of course consign the item to registered luggage so that it is carried in a separate, locked compartment on the train. This would apply to a sword-length Kirpan, for instance.

My understanding is that many Kirpans are quite small.”

Gur Bar Akaal!

BTW ur Talking about a Bagh Nakha as the kirpan version or the Sher Panja version?? if its like a Sher Panja then i dont think u can take one round, but if its the kirpan version then yes

[MrDoaba]

WLS would be able to answer this for you, he knows law.

[Babbar_Singhsta]

any other shastar than a kirpan , i mean if im wearing a kirpan and a gupt shastar , whether a bladed bagh nakha or a baank dagger etc... wudnt they say why u wearin "two kirpans"?

Sorry , Fateh jee!