HC puts Centre on notice on plea seeking uniform guidelines on carrying kirpan

The Punjab and Haryana High Court on Thursday put the Union of India – among others – on notice on a petition filed by the Shiromani Gurdwara Parbandhak Committee (SGPC) and a woman advocate. They were seeking the formulation and circulation of uniform regulatory guidelines to uphold the fundamental right of Sikhs to carry ‘kirpan’ “as a mark of their faith in Sikh religion as enshrined in the Constitution of India”.

The Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry also fixed September 29 as the next date of hearing on the petition filed in public interest for issuance of directions to the Centre and State governments to implement in letter and spirit the fundamental rights guaranteed to the Sikh community under Article 25, which ensured freedom of conscience and the right to freely profess, practise and propagate religion.

One of the petitioners, advocate Armanjot Kaur, enrolled with the Bar Council of Punjab and Haryana, gave details in the petition on how she was barred from appearing in the competitive examination for the Rajasthan Judicial Services. According to the plea, Armanjot Kaur travelled to Jodhpur to take the examination. However, she was denied entry into the examination hall on June 23, 2024, by a Judicial Officer present at the gate despite her repeated assertions.

“The petitioner explained to the judicial officer that small ‘kirpan’ was very important ‘kakaar’ to be worn by a baptized Sikh and that wearing of the same was allowed by Article 25 of the Constitution of India. But all her requests were turned down and she was refused entry in the examination hall.

The petition stated that even after she approached a senior Judicial Officer — the Administrative Officer (Judicial), Rajasthan High Court — and submitted a written complaint, no remedial action was taken and she was not allowed entry for the examination. As a result, she was forced to miss an examination she was otherwise eligible and entitled to take. The matter is expected to come up for hearing shortly.