Article of Faith
Q&A with
BALPREET SINGH BOPARAI
Legal Counsel, World Sikh Organization of Canada

When Manjit Mangat, president of a Sikh temple in Brampton, Ontario, was stabbed with a kirpan on April 2, the incident ignited debate over Sikhs’ rights to wear the kirpan in public.
Mangat, 53, was attacked while attempting to pacify an angry crowd outside the Sikh Lehar Centre in Brampton. Mangat was punched and then received a five-inch wound in his abdomen, close to his right kidney. He also suffered wounds on his legs and thighs. Witnesses told police that at least two men were seen with unsheathed kirpans.
Sukhwant Singh, a 52-year-old Brampton man, was charged with attempted murder and aggravated assault.
“I would never have expected somebody to use the kirpan in this way,” Mangat, a lawyer, said during a television interview following the attack.
Mangat, who wears a kirpan himself, added that “anything can be used as a weapon if you use it irresponsibly.”
Amanpreet Singh Bal, regional co-ordinator of the World Sikh Organization, told CBC that he feared the attack would renew objections over the right to wear the kirpan.
“The concern in the community is that is it going to draw unnecessary attention and it’s going to make us spend unnecessary funds and energy to educate Canadians,” Bal said in his interview with CBC. “We’ve made so much progress and then an incident like this has happened, throwing us decades back.”
The kirpan is allowed in most public places in Canada, including schools. It is banned in France, Denmark and some U.S. states.
Mehfil Magazine spoke with Balpreet Singh Boparai, legal counsel of the World Sikh Organization of Canada in Toronto, about  possible repercussions of the incident with respect to Sikhs’ right to wear the kirpan.
Boparai, whose role includes media monitoring and providing eduction on the Sikh faith to groups and organizations, says he represents several Canadian Sikhs currently pursuing human rights cases with regards to Sikh articles of faith.

How did you feel when you first heard the news that a Sikh man had been attacked by another Sikh with a kirpan?
 I, along with the entire Sikh community in Canada, was horrified. Violence is not condoned by the Sikh faith nor by our Canadian values. The fact that a kirpan was misused in this incident made things all the worse because it cast a shadow of distrust over an essential Sikh article of faith. I knew this was going to bring the issue of the safety and accommodation of the kirpan back into the media spotlight.

Have you spoken to the man who has been charged in the incident?
No, we have had no contact whatsoever with the individual who was charged. If I had the opportunity to deliver a message to him it would be that he has made a very serious mistake and he will have to face the consequences. Violence is not the way to resolve disputes in the Sikh community. Until we can rationally engage each other in dialogue and the exchange of ideas, we cannot move forward as a community. The misuse of the kirpan only made things worse. He made the mistake but the entire community will have to deal with the consequences. That is very unfortunate.

How do you feel mainstream media handled the reporting of this incident?
I thought the reporting was an example of how the media tends to sensationalize certain issues. Rather than objectively reporting the story, there was an attempt to make the accommodation of the kirpan the central issue, when it shouldn’t have been. There has been a trend amongst Canadian media and politicians to sensationalize issues of religious accommodation, be it the niqab or kirpan. That may be good for scoring political points, but it’s not good for Canada or Canadians.
The misuse of the kirpan by one individual shouldn’t require the wholesale re-evaluation of the accommodation of the kirpan. Pencils, baseball bats and compasses are regularly misused as weapons but there is never any discussion about banning them. Why should we hold the kirpan to a different standard? The accommodation of the kirpan has been before the Supreme Court of Canada and, in a unanimous decision, the court accepted the wearing of the kirpan as a fundamental religious freedom. It’s too bad issues like this lend themselves to hysteria and all those people who have problems with immigration and multiculturalism take it as an opportunity to land a few blows for their cause.

Do you fear this incident will divide Sikhs in their struggles to maintain their rights to wear religious symbols like the kirpan?
I think it’s important that we use the proper terminology when describing our kakaars. They are more than just symbols, they are articles of faith. Articles of faith do have symbolic meaning but they have a character which transcends symbolism. 
I don’t think recent events will have an impact on the Sikh community’s struggle to wear their articles of faith. The Sikh community has been very united in this struggle. That having been said, there are a few voices from amongst our community that suggest the right to wear the kirpan should be restricted. Ironically, these people don’t wear kirpans themselves. Unfortunately, such individuals are given much more attention than their numbers would warrant and they are certainly not reflective of the Sikh community as a whole.

Does a person who attacks another with a kirpan face any consequences from any Sikh religious organization? For example, Is there some form of punishment from the Akal Takht?
A person who misuses the kirpan should face repercussions in their local congregation or sangat. They should be forced to answer for their actions and any punishment would also be up to the local sangat. Because such incidents are so rare and really unthinkable for most Sikhs, the issue hasn’t been taken to the Akal Takht but I’m sure the community would be open to any guidance on this issue from there.

Are you aware of other cases in which a kirpan has been used to attack another person?
I am not personally aware of any other such cases. There have been a handful of instances that have been reported recently in the context of this story, but it’s clear they are very, very rare.
This incident will clearly be used by some Canadians to fan the flames of racism. What steps is your organization taking to counter this?
The only thing we can do is try to put the truth out there. We’ve recently issued a document outlining different myths and the reality about the kirpan. We’ve also had the opportunity to appear on a number of radio and television shows on mainstream media talking about the meaning and significance of the kirpan. Much of the fear of the kirpan stems from a general ignorance about what it is and even what it looks like. If we can address that, I think we will have gone a long way in winning the struggle to accommodate the kirpan.

What can or should everyday Sikhs do to help counter the negative impact of incidents like this?
The solution to this problem really does lie in the “everyday” Sikhs’ hands. The Sikh community has been in Canada for well over 100 years and, unfortunately, we still have not done a good job of letting our neighbours know who we are and what we believe.
We need to get involved in our communities and interact with other Canadians of different backgrounds. Ignorance breeds fear and that is clearly one of the major issues we deal with when confronted with problems like we’ve recently seen. If the only information on Sikhs people are getting is from the media, then they are getting a distorted picture.
Most people don’t know about all the great work Sikh Canadians have been involved in, like raising millions of dollars for hospitals across Canada, or sending relief teams to Haiti or having regular blood drives.
If people get to know us directly, and we can personally interact with them, they will be much less susceptible to the type of hysteria we’ve seen recently.
That means Sikhs must be civically engaged. That means being involved in local parent-teacher associations or volunteering at hospitals or other activities like that in the community.

In many ways members of the Sikh community have been their own worst enemies when it comes to the image if Sikhs, particularly when it comes to political battles for control of gurdwaras. Why do you think that is and what can be done about it?
The average Canadian Sikh goes to the gurdwara for peace of mind. They listen to kirtan, have langar, meet with others in the community and come home. Most people aren’t interested in power struggles there. That having been said, there are some people who take advantage of this and are obsessed with controlling gurdwaras for their own personal agendas. Gurdwaras are our community’s institutions. They are spiritual, educational, social and political centres. We need to know what’s going on and have the community in control. That means the average Sikh needs to take an interest and get involved. 

Do you see this issue of kirpans being used as weapons might become a bigger problem as the Sikh population around the world continues to grow?
I don’t think so. Instances where the kirpan has been misused are few and far between. Sikhs appreciate the deep spirituality and importance of the kirpan. We need to make sure we teach our children about that meaning so they too can appreciate the significance. To be clear, Sikhs have been wearing kirpans for hundreds of years. Over that time, the kirpan has been worn very responsibly and instances of misuse are very rare. I don’t think that will change over time or as the population grows.

We’ve recently heard several people ask that if a kirpan is not supposed to be used as a weapon to attack someone, is it acceptable for it to be used for self-defence?
Amritdhari or initiated Sikhs who wear the kirpan appreciate that it cannot be used in anger or violence. It is an article of faith which carries with it very serious responsibility. A kirpan should not be used like a weapon. That having been said, if a situation arises where someone else’s life is at stake or one’s own life is in jeopardy, then an individual rightfully looks for anything at their disposal for defence. Women in self-defence courses are taught to use pens, pencils or car keys to defend themselves from predators if they are attacked and fear for their lives. Only in that sort of a situation could an amritdhari Sikh conceivably use his or her kirpan to save their own or someone else’s life. Such a situation is of course very extraordinary and we all pray it does not arise. 

There are those who argue that a kirpan — regardless of its religious significance and symbolism — is a dagger or sword and should be considered a weapon. How do you respond to that argument?
In Punjab, a sword is called a talwar and a dagger is called a khanjar. Kirpan is something different and literally means “grace and honour.” It represents justice, morality and also the divine power of God. A kirpan is considered a gift by Guru Gobind Singh to the Khalsa. It has much more significance than a “weapon.” A Sikh considers the kirpan to be an extension of the body and is not separated from it at any time day or night. When a Sikh lifts a kirpan, it is held with both hands and bowed to in respect. This isn’t the way you treat a weapon. A Sikh doesn’t wear a kirpan with the intention of wearing a weapon. I believe that simply calling the kirpan a “weapon” is disrespectful and does not do it justice.

There are those who argue further that the judicial system has a special set of laws for juveniles as they are unable to make adult decisions, and therefore they should not be permitted to carry kirpans as this could pose a danger to others and to themselves, particularly in schools. Can you comment?
This issue has repeatedly been addressed and resolved by Canadian courts and tribunals. The law is very clear: Sikh children have a constitutionally protected right to wear the kirpan. Parents know when their child understands the significance of the kirpan and is responsible enough to wear it. Each family individually makes that decision. The kirpan is worn by Sikh children secured in a gatra underneath their clothing and it is always in its sheath. The kirpan is not a safety risk. In over 100 years of Sikhs in Canada there is not a single instance of a Sikh child misusing the kirpan in schools. The system is working fine and there is no reason to change that now.

Some people, including some Sikhs, have suggested the kirpan should be modified. For example, welded to the sheath so it cannot be removed, made of plastic, or shrunken to a small enough size that it could not be used as a weapon. Can you comment on these suggestions?
Those suggestions would not be acceptable to most Sikhs. The kirpan is more than a religious symbol. It’s not like a crucifix which can be worn as a necklace or pendant. A kirpan has its own characteristics, such as being made of iron, worn in a sheath and being of a certain length. Although there’s no fixed size for kirpans, most range between six and nine inches. A small symbolic representation or plastic kirpan would not be a kirpan. It would at best be a replica, which would not be acceptable to Sikhs.
The issue of welding the kirpan shut is also problematic. The kirpan should not be presumed to pose a safety risk. Presuming that the kirpan is inherently unsafe or that a Sikh who wears the kirpan can’t be trusted reverses the onus or burden of proof and presumes guilt on the part of the Sikh. That is unfair and unacceptable.
On a practical level, Sikhs do use the kirpan for religious purposes such as blessing or doing bhog of parshaad and welding it shut would make that impossible.
 
How do you respond to the argument that Sikhs travelling outside of India routinely check in their kirpans at airports so it should be acceptable for a Sikh to “check-in” his or her kirpan at school or other public places?
The fact that the kirpan is not accommodated on airplanes is problematic for the Sikh community. Before 9/11 Sikhs could wear kirpans on domestic flights in Canada, under certain conditions. They can still do so on domestic flights in India. Things have changed after 9/11 and now even water bottles are often restricted. Being a passenger on an airplane is a unique situation which presents unique security concerns. Because it is a closed environment with a group of strangers, it is argued that the kirpan is too much of a security risk. Sikhs are forced to check in their kirpans and often do a prayer before and after for forgiveness and many also don’t eat until the kirpan is worn again. It is a very difficult experience. That said, however, most Sikhs aren’t in a position where they fly so often that they are regularly separated from their kirpan. The scenario of restricting kirpans in schools would be much different. A child begins school at the age of five and continues until the age of 18 or so. That is a very major part of one’s life. If a Sikh would be separated from the kirpan for that time, it would not be an insignificant period. That would be unacceptable. But once again, the courts have very clearly already decided this issue in favour of the Sikhs’ right to wear the kirpan and there is no reason it should be opened up again.

Recently, Sikhs attending a concert by Gurdas Mann were not permitted to enter the stadium with their kirpans. What message do you have for organizers of events where Indians – and Sikhs, in particular – are likely to attend?
WSO issued a press release on this issue when it occurred. Our position was clear: Organizers have a duty to accommodate and there is no reason kirpans should not be allowed at such events. The restriction on the kirpan was religious discrimination and was completely unacceptable. Organizers of events and those who manage security at those events need to know that the kirpan must be accommodated. The law is clear on this point. WSO is more than willing to provide the necessary training and education to staff free of charge to ensure the accommodation goes smoothly.
 
It’s our understanding that the highest court of the country permits Sikhs to wear their kirpans in the courtroom yet some provincial courts do not? Is your organization doing anything about this discrepancy?
It’s unfortunate that while Sikhs can wear kirpans to the Supreme Court of Canada and Canadian Parliament, security at many local courts does not allow the kirpan. That makes no sense. We are currently pursuing human rights complaints in both Alberta and Ontario about this matter and we hope the situation will be corrected as soon as possible.

What message do you have for Canadian Sikhs?
We cannot stress enough that Sikhs need to be well informed. We need to know the significance of the kirpan, the correct terminology for it and also the law with regards to our right to wear it. Only then can we pass on our knowledge about who we are and what we believe to our neighbours.