Qld schools’ ban on religious knives deemed by Supreme Court to be racial discrimination and invalid

Knives will be allowed in Queensland schools after a bombshell ruling by the state’s highest court, but there is a catch.

Generic pic of a kirpan and a butter knife worn by the Sikh community.

Queensland’s weapons legislation barring Sikhs from carrying religious knives on school grounds is racial discrimination and is therefore invalid, the state’s highest court has found.

Sikh woman Kamaljit Kaur Athwal has won a fight against the State of Queensland over a provision in the weapons act prohibiting the possession of a knife on school grounds for genuine religious purposes.

Initiated Sikhs are required to wear or possess five articles of faith at all times, including a ceremonial sword known as a kirpan, typically worn sheathed and concealed beneath clothing.

Under Queensland law, there is a reasonable excuse to possess a knife for genuine religious purposes, such as the Sikh faith.

But that does not extend to schools, with the legislation stating: “however, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes”.

An example of a Kirpan, a type of religious dagger, worn at all times by Baptised Sikhs.

In 2021, Ms Athwal made an application to the Supreme Court seeking a declaration that the Weapons Act was inconsistent with the Racial Discrimination Act and was therefore invalid.

In September last year, Justice Sue Brown dismissed his application.

But the Court of Appeal has this week overturned the decision, finding the provision directed at Sikhs affected “their exercise of freedom of movement and freedom of religion in a significant way”.

“An initiated Sikh, who may be a student, a parent of a student or a teacher, is given the choice of committing an offence against (the weapons act), never entering a school or contravening the tenets of their religious belief by entering a school without physical possession of their kirpan,” the appeal judges wrote.

“By making provision that is directed at their religion, s 51(5) in its substantive operation provides for Sikhs to enjoy the rights to freedom of movement and freedom of religion to a more limited extent than persons of other ethnic groups.

“No other group finds their freedom of religion or freedom of movement limited in that way, by a law directed to a unique feature of the ethnic group’s religious beliefs.”

Ms Athwal’s legal representative, Klaire Coles of Caxton Legal Centre, on Thursday said her client was very pleased with the court’s decision.

“For too long legislation has prevented practising Sikhs from participating in their school communities,” Ms Coles said.

“(This decision) marks the day that members of the Sikh faith can practice their faith and positively participate without the discrimination as proud members of their local school communities.

“(Ms Athwal) welcomes the court’s decision and looks forward to continuing the longstanding and respectful relationship that she and other members of the Queensland Sikh community had with the state government.”

A Department of Education spokeswoman said: “As this legal decision has just been handed down, the department will now consider any implications”.

Former Brisbane Sikh Temple head priest Kuldeep Singh said the Kirpan’s history was born out of the Hindu caste system, and is a symbol of a Sikh’s commitment to their faith.

“You cannot be Sikh without a kirpan,” Mr Singh said.

“But it is not meant to be used willy-nilly … it is not to be used to provoke anybody in any way.

“It is to be worshipped in the morning and evening … it gives courage and strength to Sikhs to go about their day in a peaceful way.”

The appeal judges set aside the earlier order dismissing Ms Athwal’s application.

A declaration was made that section 51(5) of the Weapons Act 1990 is inconsistent with the Racial Discrimination Act 1975 and was therefore invalid under the Commonwealth Constitution.