Why a Queensland court overturned a ban on religious knives in schools

The Supreme Court of Queensland last week overturned a law banning children from bringing “knives” to school for religious reasons.

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The ConversationThe Conversation
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https://theconversation.com/why-a-queensland-court-overturned-a-ban-on-religious-knives-in-schools-211042https://theconversation.com/why-a-queensland-court-overturned-a-ban-on-religious-knives-in-schools-211042
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星期四, 八月 10, 2023
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Food, Freedom, Religion, Supreme Court of Queensland, Section 2 of the Canadian Charter of Rights and Freedoms, Parent, Supreme Court of the United Kingdom, Racial Discrimination Act 1975, Weapons Act 1990, School, Supreme, Student, Population, Capital, Supreme court, Territory, Century, Weapon, Forgiveness, Commonwealth, Family, Tutoring, Book, Hunting, Cutlery, Sikhs, Punjabi
Geotags: 
NEW SOUTH WALES, AUSTRALIA, QUEENSLAND, SOUTH AUSTRALIA, TASMANIA, WESTERN AUSTRALIA, VICTORIA, NORTHERN TERRITORY
摘要
Key Points: 
  • The Supreme Court of Queensland last week overturned a law banning children from bringing “knives” to school for religious reasons.
  • This will allow Sikh students, parents, and teachers to carry a ceremonial dagger known as a “kirpan” at schools in Queensland.
  • The only religious or ethnic group in Australia that habitually wears a religious or cultural symbol that resembles a knife are Sikhs.
  • The Queensland case highlights the needs for Australia’s secular legal system to recognise the adverse impact of law on religious and cultural minorities.

What did the court say?

    • However, knives can be used for a range of legitimate activities such as cutting food or whittling wood.
    • As a result, all states and territories have exemptions that allow people, including children, to carry and use knives where it’s “reasonably necessary”.
    • The Supreme Court found the ban on bringing a knife to school specifically for religious reasons was inconsistent with the Racial Discrimination Act.
    • So, the court found that section 51(5) of the Queensland’s Weapons Act 1990 was void.

A religion or ethnicity?

    • There are around 25-30 million Sikhs worldwide, with about five million living outside the Punjab region.
    • While Sikhism is commonly thought of as a religion, the courts have recognised Sikhs have a common ethnic origin.
    • Nearly all Sikhs continue to have a link with family in Punjab, practice elements of Punjabi culture and speak the Punjabi language.

A knife or a religious symbol?

    • The Queensland Supreme Court found the kirpan was a knife for the purposes of the Weapons Act 1990.
    • It found that a knife remains a knife no matter how blunt or sharp it is, how it’s worn or how easy it is to access.
    • Referring to the kirpan as a knife downplays its important religious significance.

What happens now?

    • The court did leave the door open for a complete ban on knives in schools, although this would impact other legitimate uses of knives such as preparing food.
    • Kirpans are currently worn in schools by students, parents and teachers in other states of Australia, often with strict guidelines.
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