Delhi High Court Dismisses PIL Against Carrying Of Kirpans In Domestic Flights

The Delhi High Court on Thursday dismissed a public interest litigation challenging notifications that allow Sikh passengers to carry Kirpans of specific measurements on person in domestic flights.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that that Explanation I of Article 25 of the Constitution of India clarifies that wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion.

" Keeping in view the dictum of the Apex Court, the Circular bearing No.14/2005 dated 15.04.2005 and the Impugned Notification dated 04.03.2022 which is under challenge in the instant PIL, and also keeping in mind the Explanation - I to Article 25 of the Constitution of India, this Court is of the opinion that the decision of giving exemption for carrying Kirpan to Sikh passengers vide the abovementioned Circular and Impugned Notification has been arrived at by the Government after due deliberations," the court observed. 

The court thus dismissed the PIL observing that the issue involved was entirely a matter of policy decision. 

The court also took note of the counter affidavit filed by Director General of Bureau of Civil Aviation Security stating that adequate precautionary and security measures are being taken by the Central Government to ensure safety of passengers, crew, aircraft, ground personnel and the general public. 

"This Court is, therefore, not inclined to entertain the instant PIL," the court said.

The PIL moved by Advocate Harsh Vibhore Singhal challenged the notifications allowing Sikh passengers to carry Kirpan provided the length of its blade does not exceed 15.24 cms (6 inches); and the total length of a Kirpan does not exceed 22.86 cms (9 inches).

As per the notification, carrying a kirpan is allowed while travelling by air on Indian aircrafts within India.

The plea contended that the impugned notification does not distinguish applicability to Sikh Indian citizens, thereby claiming that even Sikh passengers from other nations can carry Kirpans on person whilst travelling in any Indian plane on domestic routes.

"That if the State obsequiously acquiesces to demands for carriage of Kirpan on person in flights in India to preserve its religious prescription and sanctity, what happens to such prescriptive sanctity in nations where carriage is barred by aviation policy? Does the faith get desecrated if a Kirpan is necessarily packed and carried only in checked in baggage? How does the religious faith get sanctified by carriage on person in flights in India and nevertheless gets sanctified by the carriage in checked-in baggage in other countries?," the plea adds.

The petition also argued that the notification is bad in law and has "mauled" civil aviation safety protocols and international conventions. It further contended that the notification is issued without application of mind, thereby brushing aside safety and security concerns.

"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 plea stated.

Case Title: Harsh Vibhore Singhal v. The Cabinet Secretary Government of India & Ors

Citation: 2022 LiveLaw (Del) 1205