This section contains the following:

1. Sikh events during the year;

2. Right to wear Sikh Holy Turban on construction sites and elsewhere at Work, without any requirement to wear hard hats;

3. Legal Position with regard to British Sikh Community on a number of issues;

These are shown below: -

1. British Sikh Community events during the Year

Event	Date	Comment
Guru Gobind Singh Birthday	5 January	10^th Guru of the Sikhs; Created the Khalsa (Sikh Nation) in 1699; thousands of Sikhs attend celebrations; ended the successive chain on 10 living Gurus over a period of some 230 years, and transferred the Guruship to the everlasting Guru Granth Sahib (written Holy Scriptures) which contained the teachings and principles of the religion.
Vaisakhi	14 April	Birthday of Sikhs; thousands of Sikhs attend celebrations. In 1999, events at Perry Barr Park in Birmingham were attended by 100,000, whilst 7 million attended at Anandpur in Punjab; street processions take place
Guru Arjan Sahib Martyrdom	16 June	5^th Guru of Sikhs executed for not converting to Islam and for upholding Sikh religious principles
Holocaust	6 June	Thousands of Sikhs slaughtered at the Harmander Sahib (Golden Temple) and throughout Punjab in 1984
	June - July	Sports Events
Sikh National Conference	September	Usually held in Wolverhampton, and attended by about 10,000 Sikhs
Guru Nanak Sahib Birthday	14 April (has previously been celebrated in November)	1^st Guru of the Sikhs; thousands of Sikhs attend celebrations, with many Gurdwaras holding firework displays
Guru Teg Bahadur Martyrdom	24 November	9^th Guru of Sikhs executed for not converting to Islam, and upholding the right of Hindus not to be forced into accepting Islam

2. Right to Wear Sikh Holy Turban on construction sites and elsewhere at Work

Health & Safety Executive Publishes Guidance Note for Sikhs

on 23 March 98

Following meetings with Government Ministers and Health & Safety Executive senior Officers over the last 6 years regarding jobs carried out by Sikh Doctors, Judges, Lecturers, Accountants, Policemen, Engineers, etc., the British Sikh Federation has welcomed the Health & Safety Executive publication of a Guidance Note for employers regarding Sikhs wearing turbans, which brings out the following main points :-

1. Sikhs wearing turbans are exempt from the requirement to wear hard hats on construction sites; this applies to any construction site within the territorial sea adjacent to Great Britain or to any construction site within Great Britain. A Sikh can be on a construction site while at work or otherwise.

2. Reference is made to the wide definition of construction work, which covers the carrying out of any building, civil engineering or engineering construction work. The definition of construction work is contained within The Construction (Design and Management) regulations 1994 and The Construction (Health, Safety and Welfare) Regulations 1996. “Construction work” means the carrying out of any building, civil engineering or engineering construction work and includes any of the following -

(a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances classified as corrosive or toxic for the purposes of regulation 5 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994(b)), de-commissioning, demolition or dismantling of a structure,

(b) the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of the structure,

(c) the assembly of prefabricated elements to form a structure or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,

(d) the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure, and

(e) the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration or extraction is carried out.

“excavation” includes any earthwork, trench, well, shaft, tunnel or underground working;

“plant and equipment” includes any machinery, apparatus, appliance or other similar device, or any part thereof, used for the purposes of construction work and any vehicle being used for such purpose;

“Structure” means –

(a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line (whatever, in either case, it contains or is intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing, or

(b) any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, or

(c) any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of a person falling more than 2 metres.

“working platform” means any platform used as a place of work or as a means of access to or egress from that place and includes any scaffold, suspended scaffold, cradle, mobile platform, trestle, gangway, run, gantry, stairway and crawling ladder.

3. Shows Sikh doing different kinds of jobs wearing their Holy Turbans only, and includes an industrial setting.

4. Informs employers that Sikhs wear turbans in accordance with their religion. This was important to point out, since some people may have thought that a turban was only a matter of tradition or custom.

5. Past experience of Sikh workers having worked quite safely wearing their Holy Turbans only at the workplace or other similar workplaces should be used when carrying out risk assessments.

6. It stresses that in many workplaces there may be only a negligible risk of head injury, and as such there is no need to wear hard hats.

7. In some circumstance the turban offers adequate protection against injury to the head.

8. Measures to remove the risk of head injury or control it effectively should always be considered first. The provision of hard hats should always be a last resort. This is of importance to all workers, so that risks are designed out for the benefit of all.

9. The level of protection afforded by hard hats is often less effective than control at source, because hard hats might not be worn at all times, or it might get damaged or deteriorate. Other parts of the body can suffer serious injury as well, so that it is important for action to be taken to combat the problem at source.

10. Employers who use hard hats will need to show that it was not reasonably practicable to remove or control the risks by other means. This will be of importance to all workers.

The British Sikh Federation has been supported in its campaign by many MPs, MEPs, Councillors, Local Authority Councils, Liberty, Birmingham Asian Businesses Association, Sikh Gurdwaras and Organisations, etc. and wishes to thank them all.

3. Legal Position with regard to British Sikh Community

International Standards

One of the Hall marks of civilised societies is the tolerance for people of different religious beliefs, and allowing them to practice their religion fully as long as it does not infringe the rights of others; this noble principle is enshrined in the European Convention on Human Rights and in the United Nations Universal Declaration of Human Rights.

The United Nations Universal Declaration of Human Rights provides protection on employment and religious freedom, in the following terms :

“Article 18 : Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

“Article 23 : (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.”

The European Convention on Human Rights states :

“Article 13: Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Article 14: The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”

UK Domestic Law

Exemption during both World Wars

An exemption was granted to Sikh Officers and soldiers from any requirement to wear combat metal hats. Some 1.5 million Sikhs served during both world wars, with 83,000 giving up their lives, and 109,045 were wounded; many Sikhs received Victoria Crosses and other bravery medals.

Motor Cycles Crash Helmets (Religious Exemption) Act 1976

This gave an exemption for turban wearing Sikhs from any requirement to wear a crash helmet; this exemption was given by Parliament after a massive civil disobedience campaign and refusal to pay court fines. This successful tactic of British Sikhs is now taught on University degree courses.

Mandla v Lee (1983), House of Lords court decision

The highest court held that Sikhs were an ethnic group, as well as a religious group, and Sikh children could attend school whilst wearing their turbans.

Criminal Justice Act 1988

Section 139 makes it an offence to have an article with a blade or point in a public place; however, there are certain defences such as to prove that he had the article for religious reasons. This safeguards the position of Sikhs who wish to carry kirpans (David Maclean, Home Office Minister, letter dated 2 April 1996)

Employment Act 1989, sections 11 and 12

This provided an exemption for turban wearing Sikhs from any requirement to wear hard hats on construction sites, thereby accepting the previous practice on construction sites where some 40,000 Sikhs had so worked quite safely for many years.

Horses (Protective Headgear for Young Riders) Regulations 1992, reg 3(1) and 3(2)

This provides an exemption for Sikh children from any requirement to wear protective headgear on horses.

Offensive Weapons Act 1996

Section 4 provides an exemption for religious reasons from any charge of having a blade or point or offensive weapon on school premises for Sikh children; a similar exemption was provided on the grounds of national costume for Scottish school children who have a knife strapped to their legs when wearing a kilt.

Human Rights Act 1998

This will come into force in October 2000 and will incorporate the European Convention on Human Rights into UK domestic legislation; it will provide protection against religious discrimination (the Race Relations Act 1976 only protects against racial discrimination, not religious discrimination), amongst other civil and political rights. The process of incorporating the European Convention on Human Rights into UK domestic law started after the then UK Government was defeated on an Urgency Motion in the European Parliament in June 1996 calling on the release or provision of a fair trial in an independent court for Raghbir Singh, editor of Awaze Qaum (British Punjabi newspaper), who had been held in prison for about 2 years without trial in a court.

Health and Safety Executive Guidance Note 1998 on turban wearing Sikh workers states that Sikhs have an exemption on construction sites, and refers to the wide definition of construction work; it also gives examples of negligible risk and that previous experience can be used to allow Sikhs to continue working in factories whilst wearing their turbans only. It states that the primary duty on employers is to remove the risk at sources, and that the wearing of protective equipment should be a last resort only.

BSF Welcomes Lord Chancellors Kirpan statement

There have been complaints for some time that Sikhs wearing Kirpans as witnesses, experts, policemen, magistrates, judges, solicitors, barristers, etc. have had difficulties entering court buildings. The BSF wrote to the Lord Chancellor on 27 September 1999 raising this matter, and he responded by letter dated 23 November 1999 that following legal advice and discussions with members of the judiciary, it was agreed that Sikhs could enter court buildings wearing their Kirpans providing they do not exceed 6 inches in total length. The Court Services Security Officer has given instructions to this effect, and all Crown and combined courts have been reminded of this policy. The metal detection scan machines at some courts will detect the Kirpan, and an explanation should be given if necessary.

BSF campaign lifts the Government Holy Kirpan ban on Sikh Workers at British Airports on 8 July 2002

• The BSF got copy of a fax on 25 Sep 2001 giving some details about the ban on knives with blades of any length, which also meant the ban on the Sikh Holy Kirpan, after being contacted by a concerned Sikh worker at the airport, since local MPs were not doing much.

• Awaze Qaum full page paid article published in 18-24 Oct 2001 edition to bring the news to the attention of the British Sikh Community, setting out some of the main reasons for removing this racial discrimination against Sikhs.

• Similar full page paid article was sent to the Panjab Times on 11 Nov 2001. This was published in 21 Nov 2001 edition

• Got a fax from Gurmukh Singh on 19 Nov 2001, a copy of a Press Release issued by Confederation of Indian Organisations (UK) on the Kirpan issue.

• The Daily Telegraph Travel section carried an article about Air Security posing a threat to Sikh beliefs, 24 Nov 2001.

• A letter was sent by the BSF to Stephen Byers MP, Secretary of State, DETR, 7 Dec 2001, who had been helpful to the BSF in the past.

• A research exercise was started on 12 Dec 2001 on the sort of items available in London Heathrow Terminal 3 which could be used as weapons, e.g. TGI restaurant still gave out metal knives and forks for eating in their restaurant on the airside, maintenance crews had screwdrivers, spanners, full set of tools in maintenance hangars, etc.

• A letter was sent to the Confederation of Indian Organisations (UK) on the Kirpan issue on 12 Dec 2001, to see if they had received any reply to their letter to the Home Office. President Tara Kumar Mukherjee replied on 17 Dec 2001, that they had received no reply.

• Sent another full page paid article to Panjab Times on 14 Dec 2001.

• An email was received from Phil Williams, DETR, 19 Dec 2001, attaching a reply to the BSF letter sent to the Secretary of State.

• The reply letter from the DETR, 19 Dec 2001, did not progress the matter, but also stated that a meeting was held at the Home Office at the behest of Dr Jasdev Singh Rai, Sikh Human Rights Group, on 12 December 2001. Quoting from the letter “The Sikh delegation recognised that at this current juncture it is not possible for the Government to permit any obvious weapons, of which Kirpans are one example, to be taken into restricted zones. … The Sikh delegation undertook to consider ways that the kirpan could be rendered harmless, for example, soldering or bolting it into a scabbard and which would be acceptable to Sikhs.” The letter went on to say that this agreement could then be applied everywhere else, such as law courts, prisons, etc.

• The letter from the DETR, 19 Dec 2001, was terrible since a Sikh meeting had agreed to such steps, which would put the previous progress by the BSF on the Sikh right to wear the Kirpan backward.

• Actions were then taken by the BSF to counter such agreements given by that Sikh delegation.

• By Jan 2002 a comprehensive list of dangerous items on the airside had been established, which could be openly obtained at the shops or no board BA aircraft, including inputs from Sikh workers at the airport, e.g. metal concorde aircraft models about 5 inches long, large glass bottles, passenger firearms and bullets carried by workers to the aircraft from the Check-In desk, maintenance tools, etc

• Atma Singh, London Mayor’s Office, GLA sent a letter on 3 Jan 2002, stating that a meeting had been set up with the BAA and the Metropolitan Police on the Kirpan issue.

• On 11 Jan 2002, the BSF sent a letter to Stephen Byers MP, Secretary of State, welcoming the supply of information previously requested, attaching a list of dangerous items that could be obtained on the airside, and rejecting the statements made by the Sikh delegation at the Home Office meeting on 12 December 2001. Further follow ups took place in February and April 2002 at Ministerial levels. Pressure started to be applied to the Sikh delegation that had agreed to such statements at the Home Office meeting on 12 December 2001 through press articles in the British Panjabi press.

• On 20 May 2002, the BSF sent a letter to the new Minister with responsibility at the Dept of Transport, John Spellar MP, highlighting the issues of concern. A meeting was proposed either in his Smethwick constituency (which has a very large Sikh Community) or at his office. A list of dangerous items available on the airside was again included with the letter.

• The BSF sent out a Petition on 5 June 2002 to British Sikh Community organisations, and lined up a high profile politician at a GLA meeting in August 2002 to criticise the Government Dept as racist. The Government was informed that the Petition had now been started on a national basis.

• The BSF sent a one page article to Awaze Qaum, Panjab Times, and Des Pardes newspapers on 21 June 2002.

• A meeting took place with John Spellar, Minister, and on 28 June 2002, the BSF sent a letter and email to John Spellar, Minister, on the proposed wording lifting the ban on the Kirpan, with changes needed to some of the wording. The revised wording was sent back to the BSF by email on 8 July 2002 by the Government.

• Des Pardes, 5 July 2002, edition announced the lifting of the ban on the Kirpan for airport workers.

• The agreed wording was sent by the BSF and published in The Sikh Times newspaper on 11 July 2002. Other newspapers followed with front page articles.

The following list of dangerous items readily available on the airside or on board aircraft was sent to the Secretary of State, which helped to persuade that the ban on the Sikh Holy Kirpan should be lifted: -

Dangerous Items

a. Heathrow Airport, Air Side shops

1. Foot long pencils with sharp point, which could be used to stab people

2. Metal concorde aircraft models. about 5 inches long, with a sharp pointed nose. This could be used to stab people

3. Large glass bottles of champagne and spirits. Glass bottles could be broken, and the sharp glass bottle could then be used to attack and kill people

4. Metal strip headphones. The headphones could be broken off, and the metal strip used for stabbing people through the neck

5. Metal case speakers; the metal case could be used as a weapon against the face and neck.

6. China crockery / teapots. These could be broken and the sharp pieces used as weapons.

7. Metal frame sunglasses; the metal frame strips could be broken off and used for stabbing through the neck

8. Perfume glass bottles; the glass bottles could be broken and the sharp edges used as weapons to attack the face and neck

9. Electrical shavers. The guards over the blades could be removed, and the sharp blades could then be used to cut through peoples faces and necks

10. Metal knives and forks given out in restaurant.

11. Fuel Tankers could be driven into aircraft loaded with passengers

12. Metal spoons could be used for stabbing

13. Fire arms and ammunition are put on board aircraft by company workers or other firms– workers could use fire arms to kill

14. Workers have metal cutlery in their work lockers to use for lunch – a lot of the metal cutlery removed from aircraft was given to the workers.

15. Workers in restaurants / eating places use choppers, scissors, and large cutting knives for preparing and cooking foods.

16. Builders, joiners, carpenters, electricians, etc. have tool kits and use screwdrivers, cutters, planes, etc. and other such tools for carrying out their work.

b. On Board BA Aircraft

1. Duty free item sold on board, sunglasses with metal strips, weapon as above

2. Duty free item sold on board, perfume glass bottles, weapon as above

3. Duty free item sold on board, Ties, scarves, shawls, these could be used to strangle people

4. Duty free item sold on board, leather belts, could be used to strangle people, and the buckle pin could be used for stabbing

5. Duty free item sold on board, fountain pens with metal nibs, could be used for stabbing face and neck

6. Duty free item sold on board, models of concorde and other aircraft, 30 cm wingspan, weapon as above

7. Duty free item sold on board, one litre spirit glass bottles, weapon as above

8. Duty free item sold on board, Ronsons turbo lighter, could be used as a weapon to burn or set people on fire or set aircraft on fire

9. Duty free item sold on board, cigarettes and cigars, could be used for setting items on fire.

10. Headphones with metal strip, weapon as above

11. Passengers can take on board Hypodermic syringes (required for genuine medical reasons); however, terrorists could take these on board as well, to be used as weapons, or for chemical warfare attacks.

12. Handbags, shoes, boots, leather coats, overcoats, etc. can be taken on board, with plastic explosives sewn inside.

13. House and car keys

14. Coke tin

Updated: 20 April 2003