Turban (Sikhism) - Conflicts With Civil Law

Conflicts With Civil Law

In modern times, there have been conflicts between Sikhs – especially those outside India – and laws which conflict with always wearing a turban.

Sikh soldiers refused to wear helmets during World War I and World War II. Many Sikhs have refused to remove the turban even in jails. Sikh scholar and social activist Bhai Randhir Singh underwent a fast to be able to wear a turban in prison.

In the UK in 1982, the headmaster of a private school refused to admit an orthodox Sikh as a pupil unless he removed the turban and cut his hair. This led to the long legal battle, Mandla v. Dowell Lee.

In Canada in 1990, the Supreme Court of Canada ruled that Baltej Singh Dhillon, an RCMP officer, should be allowed to wear a turban while on duty. See the case of Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.) where the court said that the Sikh RCMP officer had a constitutional right to wear his turban and that the government’s decision to accommodate him was required to protect freedom of religion:

"The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the Alberta Civil Liberties Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103 Shirish Chotalia, Alberta lawyer, represented the Sikh Society of Calgary, the Alberta Civil Liberties Association, and the Friends of the Sikhs, pro bono.

In the United States in 2002, Jasjit Singh Jaggi, a Sikh traffic policeman employed with the New York Police Department, was forced to leave his job because he insisted on wearing a turban on duty. He petitioned with the New York Human Rights Commission, and in 2004 a US judge ruled that he should be reinstated.

In France in 2004, the Sikh community protested against the introduction of a law prohibiting the display of any religious symbols in state-run schools. The Shiromani Gurdwara Parbandhak Committee urged the French Government to review the bill, stating that the ban would have grave consequences for the Sikhs. The Government of India discussed the matter with the French officials, who stated that an exception for turbaned Sikh boys in French public schools was not possible.

In 2007, The Canadian government introduced new procedures for accommodation of Sikhs in regard to passport photos, driver licensing, and other legal licensing. This bill was also supported by the Sikh Council of Canada.

In April 2009, Capt. Kamaljit Singh Kalsi and 2nd Lt. Tejdeep Singh Rattan challenged a U.S. Army order that they remove their turbans and shave their beards. In March 2010, Rattan became the first Sikh to graduate Army Officer School at Fort Sam Houston since the exemption was eliminated in 1984; a waiver was granted for his religion. Kalsi will also attend basic training.