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Sikhs Living in North America Who are Facing Religious Freedom Issues


Jayp91 2 / 3  
Dec 8, 2011   #1
In 1469, an extremely influential leader of Sikhism was born, Guru Nanak. Guru Nanak grew up to be a preacher of love and understanding and would take certain rituals of Hinduism and Islam and perfect them in his own way (Sikhs.org). These new rituals and ideals, or even new religion, formed by Nanak was passed on to nine successive Gurus (Sikhs.org). Of these nine Gurus, the ninth one, Guru Gobind Singh impacted Sikhism the most (Sikhs.org). Guru Singh created the Khalsa branch of Sikhism, in which the members who go through the Khalsa baptism are to strictly abide by the Sikh Code of Conduct (Sikhs.org). Today, this Sikh Code of Conduct is very common and socially accepted in regions of south Asia; however in countries where Sikhism is relatively new, tensions begin to arise as to whether certain practices should or should not be practiced in public.

There are four major Sikh Codes of Conduct to the Khalsa order of Sikhism: 1. Never remove any hair from your body, 2. Do not use tobacco products or consume alcohol and any other intoxicants, 3. Do not eat meat that is slaughtered the way Muslims slaughter meat, and 4. Do not commit adultery (Sikhs.org). In addition to these Sikh Codes of Conduct, there are also articles of clothing and accessories that they are required to wear at all times. These items include: a Kesh, which is long hair; a Dastar, which is their turban; a Kangha, which is a comb; a Kara, which is a steel bracelet; Kachha, which is their undergarments; and a Kirpan, which is their ceremonial sword (Sikhs.org). Knowing this information, it can now be discussed as to how Sikhs living in North America; who are members of Khalsa have faced difficulties when it comes to their religious practices and accommodations of their minority religion.

Throughout the last decade, the Sikhs battle against the limitations of religious freedom has greatly taken a spike. There are legal cases spread all throughout the United States and even Canada concerning the right to practice certain religious traditions. One of the very first court cases of Sikh discrimination was in 1990 in Canada, where Baltej Signh Dhillon wanted to join the famous Royal Canadian Mounted Police (RCMP), but was faced with trouble when RCMP asked Dhillon to remove his Dastar, also known as turban, while on duty. (Judge). Eventually in 1990, the Supreme Court of Canada ruled in Dhillon's favor and allowed him to wear a Dastar while on duty (Judge). After Dhillon's case in Canada, many more Sikhs begin to realize that they do not have to sit around helplessly and take on the discrimination, but rather they can fight it and get the rights that they believe they deserve.

In Indianapolis in the year 2007, a Sikh man by the name of Indirjit Singh was denied a job as a shuttle bus driver at Indianapolis International Airport (Kusmer). Indirjit's first action taken was to go to the United States Equal Employment Opportunity Commission who determined that the reason the company did not hire him was not a legitimate reason and further action must be taken (Kusmer). In 2009, after the Prime Minister of India, Manmohan Singh, was honored at the White House for the first time under Barak Obama's Presidency, Indirjit Singh felt the need to file a lawsuit against the Air Serv company (Kusmer). In an interview Singh said that the reason he was going through with all of the troubles involved in the legal action is that he does not want his "son to face discrimination in the future because of his own turban and beard" (Kusmer).

The discrimination cases involving Sikhs and their turbans have roots even in prison. In 2005, Harpal Singh Cheema, who was imprisoned in Union City awaiting the outcome of a political asylum, filed a lawsuit against Yuba County Prison system (Garcia). Cheema's lawsuit came about after the jail staff and Yuba County Prison refused to let Cheema keep his turban on throughout the day. The topic had been an on-going problem and both sides made compromises throughout the years, such as, in 2002 when an agreement was made that "he can wear a turban only at his bed as long as he's praying, reading a religious book or eating" (Garcia). The Yuba County Sheriffs have recommended that Cheema go to a Federal holding facility where having a turban on at all times is not a problem; but because Cheema has been moved from facility to facility so much within an eight year time span, he believes that the Yuba County Sheriffs should just allow him to wear the turban since he's being held as a federal prisoner. In the end, Cheema went through with the lawsuit, but still was deported with his wife back to India (Bhalla).

Another incident in the prison system was with a Sikh man by the name of Trilochan Singh Oberoi and the California State Corrections Facility. This time however, instead of actually being in prison, Oberoi was trying to become a corrections officer in California, but ran into trouble because of his beard. In March of 2005, Oberoi applied and passed all written test to become a corrections officer; furthermore he passed the vision test, physical ability test, background check, and even a psychological evaluation (Kelkar). After seeing that he passed all of the required test, Oberoi was offered the job, however when it came time for the medical exam, he was asked to shave his beard for a mandated gas-mask fitting. This is where the problems begin to arise, because Oberoi obviously had to refuse to shave his beard since it is against the Khalsa Code of Conduct. Oberoi was denied the job, and so he went to the California State Personnel Board to appeal his denial of employment (Kelkar). The Board concluded that they could have considered another way of attending to his religious belief, and so Oberoi reapplied for the position (Kelkar). Again he was denied and so he went on to file a lawsuit against the state for discrimination (Kelkar). After fighting for his rights, Oberoi gain the right to have a job as a corrections officer with a beard and also won $295,000 in damages (Bennett Coleman & Co. Ltd.).

Even in prestigious schools, such as Harvard, Sikhs have had a hard time dealing with their religious freedom. In 2006, Navdeep Singh Johal attended the Summer School program at Harvard (Frost). Midway through the summer, his kirpan (sword) was confiscated by the administration at Harvard. Soon after this event occurred, Johal called the Sikh Coalition searching for help. A former Harvard student started the Sikh Coalition during the years after the September 11 attacks to inform people that Sikhs were not terrorist, and this previous experience made helping Johal much easier (Frost). After discussions among the Harvard administration, the Sikh Coalition, and Johal - the kirpan was returned to Johal and the legal action on whether or not he would be able to continue to wear it around campus began. Hours later the University attorney advised Harvard Summer School to allow Johal to carry the kirpan that was taken away from him (Frost). In the end Johal commented on the whole line of events and said, "I've been to some other summer schools also; last summer I was at Princeton...I didn't have other problems. It was kind of funny that Harvard didn't know" (Frost).

There have been dozens of cases involving Sikh's from the workplace to even prison, but now the Sikh's are finding themselves fighting battles even in elementary schools. An example of one of these cases is an incident at Bentley Elementary School in Canton, Michigan (Fox News). A young Sikh in the fourth grade was wearing a small kirpan and was caught by one of the teachers in the school. The school administration immediately took the kirpan away from the child and he was sent to wait in the office while they found out what the kirpan, which they called a "saber", was for. Initially the child was allowed to keep the kirpan on him, but after further review by the school board, the school district explained that even though the kirpan was a religious article, it resembled a weapon and was banned (Fox News). Sikh leaders are currently working with the school board to find a resolution to the problem.

The above are just a few handpicked cases, out of dozens all across North America of a religious group that has been facing hardship expressing their faith in an area other than their native countries. Like all religions, Sikhism faces the agony of fighting for their religious freedom and right to abide by their faith, whether that is by not shaving the hair on your body or by just simply wearing a turban. The Sikh's battle for religious freedom has been a growing effort, with Sikh organizations popping up all across the continent. Even today Sikhs are fighting for their religious freedom and even the women are getting involved in this battle. For example Baljit Bhandal was fired by the nursing home she worked at for carrying a kirpin; instead of just walking away from the job, she fought for her rights and went to the U.S. Equal Employment Opportunity Commission, who in turn ruled in her favor (Sikh's Coalition). By not caving into the demands of others and standing up for their religion, Sikhs living in North America today are laying the foundation for their children to have an environment where wearing a Dastar and carrying a Kirpin will not problem to begin with.

(1605 Words)


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