Sikh
Arrested for Wearing Kirpan
Background
Information
Sikh
arrested for carrying ceremonial 6-inch knife
CLEVELAND PLAIN DEALER
Friday, September 17, 1999
By DAVID BRIGGS
PLAIN DEALER RELIGION REPORTER
http://www.cleveland.com/news/pdnews/metro/subsikh.ssf
When he was
baptized a Sikh in the holy city of Hazur Sahib, near
Bombay, India, Gurbachan Singh Bhatia made holy vows. Among
them, he said he would not cut his hair or take off a steel
bracelet acknowledging he was bound to God. And he would
always wear a small knife known as a kirpan, symbolizing his
willingness to defend the faith.
For 20
years, including 19 as the first Sikh priest in Northeast
Ohio, Bhatia kept those promises to God.
However, in
a jarring clash of cultures where one man's religious symbol
can be another man's dangerous weapon, the kirpan was taken
away from Bhatia earlier this month, when Mentor police
officers investigating a minor traffic accident in which he
had been involved found the 6-inch knife.
Despite
Bhatia's protests that he wore it out of religious duty,
police handcuffed the 69-year-old priest, took him to the
station and charged him with carrying a concealed weapon. He
is scheduled to appear in Mentor Municipal Court Oct. 4. If
convicted, the Cleveland man could face up to six months in
jail and up to a $1,000 fine.
Mentor
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.
But local
Sikh leaders say that whether Bhatia can wear the kirpan is
an issue of religious freedom.
For his
part, the small, unprepossessing priest says tears now mix
with prayer in his three hours of daily reading of Sikh
scripture. He hopes God will forgive him for breaking his
baptismal promise to always wear the kirpan.
"When I
have it, I feel happy," Bhatia said yesterday through an
interpreter. "Now, when I say my prayers to God, I ask, "Why
did you do this to me?' "
Shortly
after midnight Sept. 3, Bhatia was returning from a
religious ceremony blessing the new home of a Sikh family in
Mentor when he stopped at a light at Bellflower Rd. and
Center St. Thinking he had gone too far into the
intersection, he backed up, and his car bumped the car
behind him.
No one was
hurt, but as Bhatia apologized to the occupants of the other
car, a passenger noticed that he seemed to have a bulge
under his shirt and pointed it out to officers who were
nearby when the cars collided. Officers discovered the knife
and arrested Bhatia.
"I said,
"That is a kirpan, and in my religion I am allowed to wear
this.' He said, "No, that is a concealed weapon,' " Bhatia
recalled.
Amiott said
that, legally, the knife was considered a weapon capable of
causing death, and the arrest was justified.
"As far as
the Mentor Police Department and our officers, we're not
familiar with any religious defense as it relates to
carrying a concealed weapon, and that will be decided by the
court," he said.
In a
similar case in Cincinnati in December 1996, the 1st
District Ohio Court of Appeals overturned a Municipal Court
conviction of a Sikh man for carrying a concealed
weapon.
Paramjit
Singh, a local Sikh spokesman, said the community here might
appeal to the governor or legislature for a law allowing
Sikhs to have a permit to wear a kirpan. Singh said he
understands that one would not want criminals carrying
concealed knives, but priests like Bhatia should be allowed
to practice their faith.
"They
should give the individual the right to express who they
are, where they come from, what their beliefs are," he said.
"One needs to use common sense."
Singh also
noted that few contemporary Sikhs wear the kirpan. He said
only orthodox followers are likely today to wear the blades,
mandated 300 years ago by Guru Gobind Singh at a time when
the religious leader before him had just been martyred and
his body discarded in the streets of Delhi.
Today, more
moderate Sikhs might wear a small symbol of a knife in their
hair or around their neck. But even orthodox Sikhs consider
the kirpan only in symbolic terms, he said.
"No, no,
no," Bhatia said when he was asked whether he ever thought
of the kirpan as a weapon. He said that when the case is
settled, he will ask for God's forgiveness for not carrying
out his duty.
"I cried
yesterday because it was taken away," Bhatia said two weeks
after his arrest. "I feel that I am betraying my
promise."
Analysis
It is quite clear that the police officers in this case are
completely ignorant of the religious beliefs of followers of
Sikhism. It also seems unlikely, given the legal precedent,
that the city prosecutor will be able to charge the man with
any crime, although it may take an appeal court to make that
determination.
Given the situation, IACPA recommends
that the following action be taken:
- Letters should be written to the mayor, city
prosecutor, police chief, and the Cleveland Plain
Dealer
- The message of those letters should be to:
- Express concern that Mr. Bhatia is being charged
with a crime for following his religious beliefs
- Ask for officials to drop the charges against
Bhatia since it appears unlikely that they will be
successful
- Call on the local government to institute
diversity training for all law enforcement
officers
- Please be sure to send copies of
all letters to IACPA
so that we may document the community's response.
Contact
Information
MENTOR MAYOR HONORABLE RICHARD A. HENNIG
8500 Civic Center Blvd.
Mentor, Ohio 44060
MENTOR CITY PROSECUTOR RON GRAHAM
8500 Civic Center Blvd.
Mentor, Ohio 44060
MENTOR POLICE CHIEF RICHARD AMIOTT:
CLEVELAND PLAIN DEALER
letters
Sample
Letter
Sept. 17, 1999
Dear [Insert Party],
I am writing to express my concern over the recent arrest
of Mr. Gurbachan Singh Bhatia on a concealed weapons charge
for his possession of a kirpan, a ceremonial knife worn by
practicing Sikhs to symbolize their willingness to defend
their faith.
While the Mentor police are to be commended for their
zeal for public safety, it is clear that they are completely
ignorant of the religious beliefs of the 100,000 Americans
who are followers of Sikhism.
In a nation that is growing increasingly diverse, it is
inexcusable for public servants, especially law enforcement
officers, to be ignorant of the beliefs of the ninth largest
religion in the world. Such ignorance could lead to
misunderstanding, prompting a police officer to utilize
unecessary deadly force.
Since religious freedom is one of our core values as a
nation, it would be unconscionable to charge Mr. Bhatia for
following his religious beliefs; therefore all charges
against him should be dropped without delay.
Moreover, the city of Mentor should adopt a diversity
training for their law enforcement officers so that they may
better protect and serve the public.
Sincerely,
[Insert your name]
|