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Danish court sentences Sikh youth for carrying kirpan
source: Daily Ajit - Punjab Di Awaaz
TIMES NEWS NETWORK
Chandigarh: In a development likely to shock the Sikh community worldwide, Ripudaman Singh, a Sikh youth living in Denmark, has been found guilty by a city court of Copenhagen, of carrying a six-inch kirpan as ordained for every baptised Sikh. The youth has been fined DKK 3,000 (kroners) or alternatively a six-day imprisonment in the event of failure to pay the fine.
The sentence comes after almost yearlong deliberations, revealed his father and noted Jalandhar-based lawyer, Gurcharanjit Singh Lamba. Lamba is a well-known expert of Sikh legislative affairs and edits community journal, Sant Sipahi founded by late Master Tara Singh.
During the case, the Jathedar of Akal Takht had asked the SGPC to take necessary action to safeguard the interests of the Sikhs. And Tarlochan Singh, chairman of the Minorities Commission, had also written to the Danish ambassador in Delhi, but to no avail.
Ripudaman had himself reportedly declared his kirpan to the security, at the US embassy in Copenhagen a year ago, and was given the assurance that he would get his kirpan back. But the security called the police which in turn charged him for carrying a ‘dagger’ with length exceeding 7 cms as permitted by the Danish law. Ripudaman refused to sign the guilty warrants and decided to pursue the case in the court.
Danish weapons law prohibits carrying a knife or dagger in public places unless it is part of occupational conduct, to be used while hunting, angling or for sport or other ‘similar creditable purpose.’ According to Ripudaman’s lawyer Mandeep Singh Rathour, of the leading Danish law-firm Kromann Reumert, the defence arguments were made mainly on three fronts.
Danish court does not accept religious ground
TIMES NEWS NETWORK
Chandigarh: A Sikh youth living in Denmark, has been found guilty by a city court of Copenhagen, of carrying a six-inch kirpan as ordained for every baptised Sikh.
The defense took the plea that the kirpan being blunt was not a knife. It was also asserted that the term "weapon" under the Danish Weapons Act presuppose an intention of the user of using an object or a tool to hurt another individual. Consequently all tools or objects can be "weapons" according to the law including a sharp scissors and even a hard plastic toy. And that kirpan was merely a symbol of a sword - the primary symbols of God in Sikh religion.
Secondly, even if the kirpan was held to fall within the Danish Weapons Act, then it should be counted under the exemption as stated in the Act. Thirdly, that the exception in the Act should be construed along the lines of Article 9 of the European Convention on Human Rights on freedom of religion and the principle of necessity and proportionality when restricting this freedom.
Hence the defence argued that the kirpan designed with a blunt edge and without a proper handle, should be allowed provided that the carrier is a baptised Sikh keeping his/her discipline under the Sikh Code of Conduct, including especially uncut hair and abstinence from alcohol and intoxicants.
In her ruling, the judge Henriette Sartvin while recognising that kirpan is a religious symbol prescribed to be carried by a baptised Sikh, maintained that ‘‘the court does not find that carrying a knife for religious reasons is covered by the exemption in the provision.''
‘SGPC SHOULD TAKE UP CASE'
Bhai Subeg Singh, of Singh Sabha, Copenhagen, himself an Amritdhari Sikh, while taking a serious note of the judgment, said this ruling affects the whole Sikh community and its practices and is a breach of the basic right to free expression of one's religion. Dhanwant Kaur, another member of the Singh Sabha added that in a meeting of the members of the Singh Sabha it was decided that they would pursue this case in the upper court. It was also decided to move this case to the justice ministry of Denmark. Lamba, who himself had successfully fought a case 23 years ago for his right to carry the kirpan in domestic flights within India, said that unlike the lukewarm and chaotic mishandling of the turban case, this case should be taken up seriously by the community leaders. He has desired that they will now make concerted efforts to get the rights of the Sikhs to profess their religion while possessing their
source: Daily Ajit - Punjab Di Awaaz
TIMES NEWS NETWORK
Chandigarh: In a development likely to shock the Sikh community worldwide, Ripudaman Singh, a Sikh youth living in Denmark, has been found guilty by a city court of Copenhagen, of carrying a six-inch kirpan as ordained for every baptised Sikh. The youth has been fined DKK 3,000 (kroners) or alternatively a six-day imprisonment in the event of failure to pay the fine.
The sentence comes after almost yearlong deliberations, revealed his father and noted Jalandhar-based lawyer, Gurcharanjit Singh Lamba. Lamba is a well-known expert of Sikh legislative affairs and edits community journal, Sant Sipahi founded by late Master Tara Singh.
During the case, the Jathedar of Akal Takht had asked the SGPC to take necessary action to safeguard the interests of the Sikhs. And Tarlochan Singh, chairman of the Minorities Commission, had also written to the Danish ambassador in Delhi, but to no avail.
Ripudaman had himself reportedly declared his kirpan to the security, at the US embassy in Copenhagen a year ago, and was given the assurance that he would get his kirpan back. But the security called the police which in turn charged him for carrying a ‘dagger’ with length exceeding 7 cms as permitted by the Danish law. Ripudaman refused to sign the guilty warrants and decided to pursue the case in the court.
Danish weapons law prohibits carrying a knife or dagger in public places unless it is part of occupational conduct, to be used while hunting, angling or for sport or other ‘similar creditable purpose.’ According to Ripudaman’s lawyer Mandeep Singh Rathour, of the leading Danish law-firm Kromann Reumert, the defence arguments were made mainly on three fronts.
Danish court does not accept religious ground
TIMES NEWS NETWORK
Chandigarh: A Sikh youth living in Denmark, has been found guilty by a city court of Copenhagen, of carrying a six-inch kirpan as ordained for every baptised Sikh.
The defense took the plea that the kirpan being blunt was not a knife. It was also asserted that the term "weapon" under the Danish Weapons Act presuppose an intention of the user of using an object or a tool to hurt another individual. Consequently all tools or objects can be "weapons" according to the law including a sharp scissors and even a hard plastic toy. And that kirpan was merely a symbol of a sword - the primary symbols of God in Sikh religion.
Secondly, even if the kirpan was held to fall within the Danish Weapons Act, then it should be counted under the exemption as stated in the Act. Thirdly, that the exception in the Act should be construed along the lines of Article 9 of the European Convention on Human Rights on freedom of religion and the principle of necessity and proportionality when restricting this freedom.
Hence the defence argued that the kirpan designed with a blunt edge and without a proper handle, should be allowed provided that the carrier is a baptised Sikh keeping his/her discipline under the Sikh Code of Conduct, including especially uncut hair and abstinence from alcohol and intoxicants.
In her ruling, the judge Henriette Sartvin while recognising that kirpan is a religious symbol prescribed to be carried by a baptised Sikh, maintained that ‘‘the court does not find that carrying a knife for religious reasons is covered by the exemption in the provision.''
‘SGPC SHOULD TAKE UP CASE'
Bhai Subeg Singh, of Singh Sabha, Copenhagen, himself an Amritdhari Sikh, while taking a serious note of the judgment, said this ruling affects the whole Sikh community and its practices and is a breach of the basic right to free expression of one's religion. Dhanwant Kaur, another member of the Singh Sabha added that in a meeting of the members of the Singh Sabha it was decided that they would pursue this case in the upper court. It was also decided to move this case to the justice ministry of Denmark. Lamba, who himself had successfully fought a case 23 years ago for his right to carry the kirpan in domestic flights within India, said that unlike the lukewarm and chaotic mishandling of the turban case, this case should be taken up seriously by the community leaders. He has desired that they will now make concerted efforts to get the rights of the Sikhs to profess their religion while possessing their