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Synopsis

The Delhi High Court directed the Union of India and the Delhi Government on Friday to allow Sikh students wearing 'Kara and Kirpan' to appear in competitive examinations in accordance with Article 25 of the Indian Constitution.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the Sikh students wearing kara and kirpan to arrive at the examination centers one hour before the reporting time.

The division bench was hearing a Public Interest Litigation (PIL) filed by Delhi Sikh Gurudwara Management Committee (DSGMC) for permitting Sikhs to wear Kirpan and Kara freely even at the entrance test center organized by the Centre and the State governments.

During the hearing, Senior Advocate APS Ahluwalia and Advocate SS Ahluwalia appearing for DSGMC appraised the bench with a division bench order dated May 3, 2018, wherein it directed the Union of India and Delhi government to permit Sikh students wearing Kara and Kirpan to appear in competitive exams in accordance with Article 25 of the Indian Constitution.

A contempt petition was filed against the Delhi government for not complying with the interim direction issued by the division bench on May 3, 2018. It was contended that as per the aforementioned order the Sikh candidate was to carry Kada and kirpan in the examination hall and should report an hour before the reporting timings.

The counsel for Delhi Subordinate Services Selection Board (DSSSB) in the contempt petition today filed minutes containing all the guidelines issued by the High Court in its order dated May 3, 2018.

The plea stated that the Sikh religion is a monotheistic religion that originated in the 15th Century in Punjab and 1699 on the day of ‘Vasakhi’ the tenth Sikh Guru “Sri Gobind Singh Ji” decreed that Sikhs should take Amrit (be initiated into Sikh faith) and keep five articles of faith (five K’s-pan), which include ‘Kirpan and Kada’.

It also stated that these five K’s are also Sikh’s way of life, and under the Sikh Code of Conduct, called Rehat Maryada requires practicing Sikhs to keep the Five K’s at all times, out of which ‘Kara’ is a constant reminder to Sikh discipline and ‘Kirpan’ has two roots- the first root is “Kirpa” which means Mercy, grace, compassion, kindness and, the second root is “Aan” which means “Honor, grace, and dignity”. Together the word Kirpan stands for dignity and honor of compassion, kindness, and mercy.

The plea also stated that the conduct of CBSE is very deplorable and demeaning as it doesn’t allow Sikh Amritdhari/baptized boys to sit for the entrance exam. It further stated that as per the NEET 2017 rules and SSC (Staff Selection Commission) Exam rules 2017 ‘any metallic item’ is not permissible in the examination center.

“Such rules which disallow the Amritdhari Sikh to it of the examination with his ‘Kirpan and Kara’ violates the fundamental rights under Article 25 of the Indian Constitution”, the plea read.

Earlier, in July this year, a single-judge bench of the High Court directed the Delhi Subordinate Services Selection Board (DSSSB) to ensure that adequate notice of this additional requirement for candidates desiring to wear a kara and/or kirpan to arrive at the examination center one hour before the reporting time is provided well in advance so that no undue hardship is not caused to them.

Court ordered that not only the DSSSB but all other recruiting agencies that conduct similar examinations are expected to take appropriate steps in this regard well in advance of the examinations.

Case Title: DSGMC & Ors. v. Union of India & Ors.