Origin 1699
A curved steel blade worn on a strap by initiated Sikhs. It is one of the five Ks, mandated for the Khalsa at its founding in 1699, and it is an obligation rather than an ornament or a weapon of convenience. It signifies the duty to defend the defenceless and to resist injustice, including on behalf of people who are not Sikh, and it is not to be drawn in anger.
The kirpan is the article of faith most often at issue in law, because a blade worn at all times meets rules written for people who have no reason to carry one. Canada's Supreme Court held in Multani v. Commission scolaire Marguerite-Bourgeoys, 2006, that a Quebec school board's absolute ban on a student wearing one was unconstitutional. The United Kingdom's Criminal Justice Act 1988 provides a religious-purpose defence for carrying a bladed article. Indian constitutional law names the kirpan explicitly. Elsewhere, airports and courtrooms in particular, and the Quebec legislature in 2011, accommodation has been refused or reversed. The pattern is that the argument is settled separately in every jurisdiction, and settled more than once in some.
Facts
Use
Who May Handle ItWorn by initiated (amritdhari) Sikhs as one of the five Ks ConsecrationNot consecrated; an instrument, not a consecrated object 2 Origins
Origin Period Learn More
The Kirpan in Court
The kirpan is the article of faith that most often ends up before a judge, for a simple structural reason: it is a blade that an initiated Sikh is obliged to wear at all times, and a great many rules about blades were written by people who assumed nobody had to.
The pattern across jurisdictions is not a single settled principle. It is a series of separate accommodations, won or lost one at a time, and reversed in some places after being won.
Where accommodation has held
- India. The Constitution addresses it directly. The explanation to Article 25 states that wearing and carrying kirpans is included in the profession of the Sikh religion, which forecloses the question at the highest level.
- Canada. In Multani v. Commission scolaire Marguerite-Bourgeoys, decided by the Supreme Court in 2006, a school board's absolute ban on a student wearing a kirpan was held to infringe freedom of religion and not to be justified. The Court took seriously that no kirpan had ever been used as a weapon in a Canadian school, and that a total ban sent the message that some religious practices do not merit protection.
- United Kingdom. The Criminal Justice Act 1988 makes it an offence to carry a bladed article in a public place but provides a defence of religious reasons, which covers the kirpan.
Where it has not
Airports are the hardest case, because aviation security rules are near-absolute and internationally coordinated, and no general religious exemption exists. Courthouses vary by jurisdiction and often by individual judge. Quebec's National Assembly voted in 2011 to bar kirpans from the legislature, four Sikh visitors having been turned away, which was a political reversal in the same province where Multani had been won five years earlier.
What the object is
None of this is intelligible without the object's own meaning. The kirpan was mandated for the Khalsa at its founding in 1699 and signifies an obligation to defend those who cannot defend themselves and to stand against injustice, explicitly including on behalf of people who are not Sikh. It is not carried for self-defence and it is not to be drawn in anger. A court hearing a kirpan case is not weighing security against a preference. It is weighing security against a duty, and the two sides of that argument are frequently talking past each other because only one of them has understood that.
How the Blade Is Forged, and What Happens to It When Its Wearer Dies
A kirpan is a real forged steel blade, single edged or double edged, ranging from a few inches to a full sword, and it is made by a blacksmith or bladesmith rather than a jeweler, the same trade that produces any working knife.
Wearing it
The blade sits in a sheath, usually worn under clothing on a strap called a gatra or fixed to a belt, and its size is a matter of personal and community practice rather than fixed doctrine, some Sikhs wear a small symbolic blade only a few centimeters long, others a functional short sword. This is one of the Five Ks required of a baptized, Khalsa Sikh, and it is worn continuously rather than reserved for ceremony, which is precisely why its legal status as a weapon has been contested in schools, airports and courts in many countries.
What happens to it over a lifetime
A kirpan is generally kept for life once a Sikh is baptized, replaced only if lost, broken or outgrown, and there is no requirement to discard an old one as ordinary scrap, many are kept as family objects or passed down. When a Sikh dies, the kirpan is commonly left on the body for cremation along with the other articles of faith rather than removed and reused, treating it as inseparable from the person who carried it rather than as reusable equipment.
Cross-Tradition Connections
Belongs to Tradition
Element Of
The sword is one of the five articles a Khalsa Sikh wears at all times, carried as the duty to defend the defenceless rather than as a weapon of choice.
Found In
Implement Of
Part Of
The kirpan is one of the five articles of faith.
Related To
The kangha is one of the five Ks of Sikh observance, alongside the kirpan.
A kirpan is touched to the Karah Prasad before it is distributed.
Sources
1. J.S. Grewal, The Sikhs of the Punjab (New Cambridge History of India II.3)
2. Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6, [2006] 1 S.C.R. 256
Supreme Court of Canada, Supreme Court of Canada, 2006Paragraphs 2-5, 41-48, 71-79View the Source Criminal Justice Act 1988 (UK), section 139
Parliament of the United Kingdom, Parliament of the United Kingdom, 1988Section 139(5)(b)
Constitution of India, Article 25, Explanation I
Constituent Assembly of India, Constituent Assembly of India, 1950Explanation I to Article 25
Historical Dictionary of Sikhism, 3rd edition
Louis E. Fenech and W. H. McLeod, Rowman and Littlefield, 2014View the Source Reader Challenges (0 open reader challenges)
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