While it is satisfying that the Delhi High Court has asked the CBSE not to infringe the rights of  Sikh students on a petition by DSGMC, and allow to them to appear for NEET exams with the Kara and Kirpan, one wonders what kind of fear psychosis has gripped CBSE to resort to unconstitutional practices.

On a petition of the Delhi Sikh Gurdwara Management Committee, the Delhi High Court allowed the petition permitting Sikhs students to wear the Kara and Kirpan inside the examination halls in the upcoming National Eligibility and Entrance Tests -NEET exams. Justice S. Ravindra Bhat and Justice A.K. Chawla also directed the Central Board of Secondary Education (CBSE) which conducts the pan-India examination beginning 6 May, to ask those dressed in traditional attire to reach their centres an hour early to complete the security obligations.

Senior advocate A. P. S. Ahluwalia had argued that in the absence of any law, there cannot be a ban on carrying a Kirpan or wearing a Kara to the examination hall. It was further argued that devout Sikhs carry their emblems of faith in all public places including airlines and any blanket restriction would be a violation of the constitutional rights of Sikhs.

““It seems the CBSE -who are the custodians of the education system in the country are illiterate about the rights of citizens.’”

Manmohan Singh
General Secretary, Sri Guru Singh Sabha, Mumbai

It is noteworthy that the bench of justices S Ravindra Bhat and A K Chawla outrightly rejected the contention of the CBSE -the Central Board of Secondary Education that these items, along with all other metallic objects, were barred from entry on account of use of unfair means in the exam in the past, saying such a prohibition cannot be put in place on the basis of a “vague apprehension”.

“There cannot be a vague apprehension that people who come for the test will do it (cheat). Is there even one instance of misuse of these objects? If you go by your rule, there are a lot of implants..,” the court said and added “uniformity of the policy should not lead to absurdity,” observed the bench.

While the order asking Sikh students to report an hour early sounds acceptable, it opens yet another possibility of mischief by the superintendents and other examination staff.  Sulakhan Singh (name changed at request), a student from Delhi, who would be appearing for the exam said, “I want to thank the Delhi High Court as I was being an Amritdhari Sikh, I was nervous what would happen at the examination.

“Sikh students have been appearing for all kinds of exams for the last seven decades without a single incident of any kind of misuse of the any of the items of religious attire.”

The judges categorically remarked in their judgement , “In the present case, concededly there is no law which per se bans the entry of karas or kirpans or such like objects or articles of faith. Every practising Sikh is enjoined to wear the kara and carry the “kirpan”. Our Constitution has gone to the length of clarifying that those articles of faith are deemed to be a profession of the Sikh religion. At the same time, the regulating body’s remit extends to decide what according to its best judgment can be or cannot be permitted inside the examination hall. A fact not disputed is that karas and kirpans are commonplace even in highly restricted areas such as aircraft, during flights, during travel and in a number of other public places. Obviously, even in those places too the issue of public order or the possible threat of secondary use of such articles would be there; at the same time, the authorities have to ensure the provision of the Constitution is the rule rather than otherwise. In the absence of any objective facts indicative, or suggestive of, real threat of use of unfair means by those wearing karas and kirpans, the blanket ban on metallic objects would not be justified. “Public order” is not a mechanical incantation, to justify every restriction, but refers to proximity to a real threat, which has to be correspondingly dealt with a proportionate response by the State. (Ref. Ram Manohar Lohia v. State of Bihar AIR 1966 740). Therefore, clearly, CBSE’s lack of accommodation for Sikh candidates is unjustified.”

Let us ponder over this. 70 years of independent India. Umpteem sacrifices by Sikh soldiers on the borders and within the country. A Sikh Prime Minister. Many chief Ministers. Many Members of Parliament have worn all the 5 Ks to the Indian Parliament. Sikhs declared as a minority community under central laws. Article 25 of the Constitution of India clearly allowing Sikhs to wear and carry Kirpans. Sikh students have been appearing for all kinds of exams for the last seven decades without a single incident of any kind of misuse of the any of these items of religious attire. Observant Sikhs wear the 5 Ks (Kesh -unshorn hair, Kanga -the wooden comb in the tied-up hair, Kara -the bracelet, the Kachhera -the especially designed undershorts and the Kirpan -the sword) as a commitment they make at the time of the Sikh baptism –Amrit Chakkana ceremony.

And yet!!

Since the last 3 years or maybe, the Central Board of Secondary Education, mandated to conduct India-level exams, has not been able to “allow” Sikh students to wear the visible symbols of Kara and Kirpan because under its perception, these “metallic objects” can be dangerous and also conducive to copying. This comes from a body which is tasked with preparing the syllabus for students and teaching tolerance amongst all students in the country. Speaking to WSN, Manmohan Singh of Singh Sabha Mumbai, while expressing satisfaction at the order, said, “It seems the CBSE -who are the custodians of the education system in the country are illiterate about the rights of citizens.”

Sri Guru Singh Sabha Mumbai, a year ago, wrote to the Union Minister for Human Resources Prakash Javadekar to see reason when the Indian Institute of Technology disallowed Sikh students with Kara and Kirpan to appear for entrance exams. Manmohan Singh, the general secretary of the body had said, “Wearing the Kara and the Kirpan is not a concession to Sikh students but a matter of right -enjoined in the Sikh religion, attained by the Sikhs after supreme sacrifice and expressly sanctioned by the Constitution of India.”

Last year, upon receiving similar complaints from various quarters, the Shiromani Gurdwara Parbandhak Committee (SGPC) had urged the Central Board of Secondary Education (CBSE) to ensure that Sikh candidates be allowed to wear the ‘kara’ and the ‘kirpan’ in Amritsar. However the high handed educated directors of the CBSE would not judge and they simply bypassed the issue referring only to their own notification regarding debarring metallic objects. No effort was made to look into the constitutional rights of the students and as denounced by the Delhi High Court to go beyond absurdity.

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It may be noted that the absolutely illegal and unlawful order of the Central Board of Secondary Education has had effect on some schools who on one pretext or the other raise objections to the Sikh students wearing the Kara and Kirpan as has been reported in some schools of Mumbai. The CBSE restrictions are for belts, bracelets, rings, earrings, necklace and the like. Can you see the fear psychosis? Does the CBSE and the HRD ministry get sadistic pleasure in annoying the Sikhs and other minorities?