Belgian Supreme Court overturns ban on turban in two schools

  Sharanjit Singh

 

    Sharanjit Singh

 
Sharanjit Singh

THE Belgian Conseil d’Etat has upheld the freedom of religion of Sikh students by overturning the ban on the Sikh turban in two GO schools, which are a part of a large group of schools attended by many Sikh students in the Flemish part of Belgium.

“In two separate landmark decisions dated Oct 14, 2014, the highest administrative court has held that GO has the obligation to organize its education without harming the respect for diversity and plurality,” said Mejindarpal Kaur, International Legal Director of United Sikhs, an international advocacy NGO that has led the legal campaign to reverse the ban on the Sikh turban. Sharanjit Singh, 12, and Sukhjot Singh, 10, brought separate actions in September 2013 against their respective GO schools for forcing them to remove their patka (a head covering worn by young Sikhs), which they are mandated to wear, at all times, as an integral part of their Sikh faith.

“Sharanjit is a rather shy boy, afraid of doing things wrong or being excluded. Following the ban he took off his patka very much to his distress. I am very happy that the Conseil d’Etat has overturned the ban and I hope my son will be able to put the past year behind him and look ahead to a good future ,” Sharanjit Singh’s father, Surjit Singh, said.

You may watch a short video interview in Panjabi, with Belgian Sikh boys affected by the past year’s ban, at www.youtube.com/unitedsikhstv

“The Conseil d’Etat has claimed, in essence, that a school cannot simply impose a ban on wearing outward symbols of religious belief without having grounds for doing so (such as disturbing the peace, proselytising, etc.). If a school nevertheless does this, it represents an excessive breach of the internationally protected fundamental right to religious freedom (art. 9 ECHR),” said Pieter Lagae, Sharanjit’s lawyer, of the law firm of Van Steenbrugge and partners in Merelbeke.

In the decision, the Court emphasised repeatedly that Sharanjit and Sukhjot, and, by extension, Sikh students – had never displayed any such negative behaviour.

“We are grateful to all those who faithfully supported us and to the Conseil d’Etat for making this robust decision,” said Amarjit Kaur, the President of United Sikhs – Belgium.