E-Paper
Haryana allows Sikh candidates to wear kirpan, married women mangalsutra in exams
The Delhi HC in its May 3, 2018 order had said that there was no law which per se bans the entry of karas or kirpans or such like objects or articles of faith
Sikh students appearing in examinations conducted by educational institutions and recruitment agencies in Haryana will be allowed to wear and carry a kirpan subject to prescribed limits. The state government said this was done to address recurring problems faced by Sikh students appearing for exams. Also, married women appearing for examinations have been allowed to wear mangalsutra.
As per January 20 instructions issued by the Haryana chief secretary’s office, Sikh students have been allowed to wear and carry a kirpan not exceeding nine inches (22.86 cm) in total length with the blade length not exceeding six inches (15.24 cm). Such candidates have been advised to report to the examination centre at least an hour before the scheduled time.
The instructions issued to administrative secretaries, heads of departments, deputy commissioners, registrars of universities, Haryana Public Service Commission (HSPC) and Haryana Staff Selection Commission have cited a 2018 judgement of Delhi high court (Delhi Sikh Gurdwara Management Committee versus Union of India) and a 2019 order of Punjab and Haryana high court.
The Delhi HC in its May 3, 2018 order had said that there was no law which per se bans the entry of karas or kirpans or such like objects or articles of faith. “Every practising Sikh is enjoined to wear the kara and carry the kirpan. Our Constitution has gone to the length of clarifying that those articles of faith are deemed to be a profession of the Sikh religion. At the same time, the regulating body’s remit extends to decide what according to its best judgment can be or cannot be permitted inside the examination hall. A fact not disputed is that karas and kirpans are commonplace even in highly restricted areas such as aircraft, during flights, during travel and in a number of other public places. Obviously, even in those places too the issue of public order or the possible threat of secondary use of such articles would be there; at the same time, the authorities have to ensure the provision of the Constitution is the rule rather than otherwise. In the absence of any objective facts indicative, or suggestive of, real threat of use of unfair means by those wearing karas and kirpans, the blanket ban on metallic objects would not be justified,’’ said a Delhi HC bench.
The Delhi HC held that clearly, CBSE’s lack of accommodation for Sikh candidates is unjustified. “In order to balance the regulatory concerns of the CBSE and the right of the Sikh candidates to wear the two articles or objects of faith, this Court is of the opinion that having regard to paucity of time, the CBSE should forthwith indicate a special procedure in addition to the existing procedure (which apparently requires those wearing customary or special dresses to report earlier) particularly stating that such of the Sikh candidates who wish to wear the objects concerned (kara and kirpan) on their person should report one hour before the reporting time i.e. latest by 8:30 a.m. If upon screening it is discovered that any candidate is actually carrying, within the kara or kirpan, a suspect device, he may be asked not to take it in the examination hall,’’ the Delhi HC said.
The Punjab and Haryana High Court in a March 30, 2019 order reiterated the Delhi HC directions for candidates appearing in HCS examinations conducted by HPSC. The bench however also said that in case baptized Sikh candidates fail to report at the examination centre an hour before the reporting time and fail to cooperate with the process of screening for the purpose of discovering as to whether they are carrying any suspected device (electronic or otherwise), then they should not be allowed to take the examination with such kara and kirpan on their persons.
