Delhi HC Issues Notice to Aviation Ministry, DGCA on Allowing Sikhs to Carry ‘Kirpans’ in Flights

Delhi High Court Law Insider

Tanisha Rana

Published on: 19 August, 2022 at 20:58 IST

A PIL challenging a notification issued by DGCA that allows Sikh passengers to carry “Kirpans” while boarding any domestic flight in India has been moved before the Delhi High Court.

 A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued a notice on the plea, seeking response from the Centre through Ministry of Civil Aviation, Ministry of Home Affairs, Director General of Civil Aviation and Director General, Bureau of Civil Aviation Security.

According to the notification issued by DGCA, Sikh passengers travelling through domestic flights of Indian aircrafts in the country are allowed to carry Kirpans. Provided that length of the blade does not exceed 22.86 cms (9 inches).

The plea filed against this notification issued by DGCA, avers that the impugned notification does not distinguish the applicability to Sikh Indian citizens. The notification does not clarify whether only Indian Sikh citizens will be allowed to carry Kirpans or not. The plea claims that according to the notification, even Sikh passengers from other nations will be allowed to carry Kirpans while travelling in any domestic flights in India.

The plea states,

“That in alacrity to satiate demands of a particular religion, the State cannot disregard need for vigilance by allowing unrestricted and unrestrained on person carriage of Kirpans on an unstated but facile and fatuous presumption having no factual basis that carriage does not pose or exacerbate risks to civilian flights. Recorded history expresses concern.”

The matter will now be heard on November 15, 2022.

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