Research Article

LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS

Volume: 3 Number: 1 June 30, 2025
TR EN

LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS

Abstract

How should the state stand in relation to securing the rights and freedoms to which all its citizens are entitled? Should it exhibit State neutrality and impartiality? If so, are these traits in themselves guarantors of the practice and observance of religion by a minority faith? It is often overlooked how the issue has arisen repeatedly in western democracies in the striking case of the Sikh religion because of the religion’s requirement of emblems. These consist not only of the external headwear, the turban, but also the Sikh Kirpan, a blade, which may be worn internally or externally, as well as the Sikh bangle, the kara, worn both my men and women alike signifying the importance of righteous living. Western thinking is apt to misconstrue such emblems. This is because its understanding of an object is rooted in a particular philosophical thinking about what a ‘thing’ normally is in the physical world. It is a form of thinking that goes back to antiquity and derives from Aristotle’s definition of things in terms of their ‘essences’, with a certain property which defines its ‘nature’. Such reductionist thinking is ill-suited for the complexities of the modern world where ethnically diverse communities now inhabit virtually every western democracy. Yet, the Aristotelian form of thinking persists in suggesting that a Sikh Kirpan can only be a common ‘blade’ or a ‘dagger’ or a ‘sword’, and the Sikh Kara can be nothing more than an ordinary bangle on a wrist because of their innate essential qualities by which we all know them. Yet, leading court cases such as Multani, Sarika Angel and Athwal have in recent times challenged the concept of essences in a way that needs to be more widely appreciated, although a case like Jaskeerat Singh Gulshan suggests that there are still limitations to how far minority religious rights can be protected.

Keywords

References

  1. Ackrill J L, Aristotle's Categories and De Interpretatione (OUP 1975)
  2. Aristotle, Metaphysics (Penguin Books 1998)
  3. BBC News, ‘Boy's Sikh dagger in school ban’ (13 October 2009) accessed 11 February 2025
  4. Chalmers D, ‘Is there Synonymy in Occam's Mental Language?’ in Paul Vincent Spade (ed.), The Cambridge Companion to Ockham (Cambridge University Press 1999)
  5. Charles D, Aristotle on Meaning and Essence (OUP 2002)
  6. Husserl E, Crisis of European Sciences and Transcendental Phenomenology (Northwestern University Press 1970)
  7. Juss S S, ‘Kirpans, Law, and Religious Symbols in Schools’ (2013) 55(4) Journal of Church and State 758.
  8. Kretzmann N, Kenny A and Pinborg J, Cambridge History of Later Medieval Philosophy (Cambridge University Press 1982)

Details

Primary Language

English

Subjects

Law and Religion, International Humanitarian and Human Rights Law

Journal Section

Research Article

Authors

Satvinder Juss *
United Kingdom

Publication Date

June 30, 2025

Submission Date

February 7, 2025

Acceptance Date

June 27, 2025

Published in Issue

Year 2025 Volume: 3 Number: 1

APA
Juss, S. (2025). LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS. The Boğaziçi Law Review, 3(1), 79-98. https://doi.org/10.69800/blr.1635133
AMA
1.Juss S. LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS. BLR. 2025;3(1):79-98. doi:10.69800/blr.1635133
Chicago
Juss, Satvinder. 2025. “LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS”. The Boğaziçi Law Review 3 (1): 79-98. https://doi.org/10.69800/blr.1635133.
EndNote
Juss S (June 1, 2025) LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS. The Boğaziçi Law Review 3 1 79–98.
IEEE
[1]S. Juss, “LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS”, BLR, vol. 3, no. 1, pp. 79–98, June 2025, doi: 10.69800/blr.1635133.
ISNAD
Juss, Satvinder. “LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS”. The Boğaziçi Law Review 3/1 (June 1, 2025): 79-98. https://doi.org/10.69800/blr.1635133.
JAMA
1.Juss S. LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS. BLR. 2025;3:79–98.
MLA
Juss, Satvinder. “LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS”. The Boğaziçi Law Review, vol. 3, no. 1, June 2025, pp. 79-98, doi:10.69800/blr.1635133.
Vancouver
1.Satvinder Juss. LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS. BLR. 2025 Jun. 1;3(1):79-98. doi:10.69800/blr.1635133