[Congressional Record Volume 145, Number 125 (Thursday, September 23, 1999)]
[Extensions of Remarks]
[Page E1946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SIKHS SHOULD NOT BE HARASSED FOR CARRYING A RELIGIOUS SYMBOL, THE 
                                 KIRPAN

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                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                      Thursday, September 23, 1999

  Mr. TOWNS. Mr. Speaker, America is a country where everyone enjoys 
religious freedom. There are about 500,000 Sikhs in this country and 
they have every right to practice their religion in this country. Sikhs 
have contributed to America in many walks of life, from agriculture to 
medicine to law, among others. Sikhs participated in World War I and 
World War II, and a Sikh even served as a Member of Congress in the 
1960s. His name was Dalip Singh Saund and he was from California.
  When a Sikh is baptized, he or she is required to have five symbols 
called the five Ks. They are unshorn hair (Kes), a comb (Kanga), a 
tracelet (Kara), a kind of shorts (Kachha), and a ceremonial sword 
(Kirpan). Sometimes law enforcement officers in this country consider a 
Kirpan a concealed weapon and arrest the Sikh carrying a Kirpan.
  Earlier this week, Gurbachan Singh Bhatia, a 69-year-old Sikh, was 
arrested in the suburbs of Cleveland for carrying a concealed weapon. 
He is to appear at a pretrial hearing on October 4. I hope that the 
case against Mr. Bhatia will be dismissed.
  A similar case happened in Cincinnati in 1996. The First Ohio 
District Court of Appeals overturned a municipal court conviction of a 
Sikh man for carrying a concealed weapon. Judge Mark Painter of that 
court wrote that ``to be a Skih is to wear a kirpan--it is that simple. 
It is a religious symbol and in no way a weapon.''
  Like Christianity, the Sikh religion is a monotheistic, divinely 
revealed and independent religion which believes in the equality of the 
whole human race, including gender equality. They pray, work hard to 
earn an honest living, and share their earnings with the needy.
  I know many Sikhs in my district who are baptized and carry this 
symbol Kirpan. I would not like any of my constituents to be harassed 
for practicing their religion. We must educate our law-enforcement 
agencies regarding this religious symbol of the Sikhs.
  Our Constitution grants religious freedom to all. We want Sikh 
Americans to practice their religion without any interference, even if 
we have to pass special legislation allowing the Sikhs to carry 
Kirpans.
  I would like to put the Detroit News article on the Bhatia case into 
the Record.

                [From the Detroit News, Sept. 23, 1999]

                   Can a Weapon Be a Religious Icon?

       Mentor, Ohio--When he was baptized a Sikh in India, 
     Gurbachan Singh Bhatia, now 69, vowed to always wear a 
     kirpan, a 6-inch knife symbolizing his willingness to defend 
     the faith.
       But during investigation of a minor traffic mishap in this 
     Cleveland suburb, Bhatia was arrested for carrying a 
     concealed weapon. At the time, he was returning home from a 
     religious ceremony blessing the new home of a Sikh family.
       Police Chief Richard Amiott said his officers acted 
     properly in enforcing the law banning concealed weapons. 
     ``How can you describe for me the difference between a 
     ceremonial knife and any knife?'' he asked.
       Bhatia must appear for a pretrial hearing Oct. 4. If 
     convicted, he could face up to six months in jail and a 
     $1,000 fine. But Ron Graham, city prosecutor, said he may be 
     willing to drop the charges if the Sikh priest can 
     demonstrate that he is required by his religion to carry the 
     kirpan.
       Although state law does not allow for exceptions, Graham 
     said, ``We don't want to prosecute anyone for exercising 
     religious freedom.''
       In a similar case in Cincinnati in 1996, the 1st Ohio 
     District Court of Appeals overturned a municipal court 
     conviction of a Sikh man for carrying a concealed weapon.
       ``To be a Sikh is to wear a kirpan--it is that simple. It 
     is a religious symbol and in no way a weapon,'' Judge Mark 
     Painter wrote.

     

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