The Nagpur bench of the Bombay high court has issued notice to the Union government and the company and directed them to file their reply affidavits to a petition by a pilot seeking a direction to the Union and the airlines to permit him to carry his kirpan [a short knife with a curved blade, worn as one of the five distinguishing signs of the Sikh Khalsa] on flights.
A petition was filed by Angad Singh, 23, working as a pilot with Inter Globe Aviation that operates Indigo airlines, seeking direction to the Union government and the airlines to permit him to carry his kirpan. He has claimed that in view of the fundamental right guaranteed under Article 25 of the Constitution of India, he has the right to carry a kirpan.
A division bench of Justices Nitin Sambre and Abhay Mantri, on December 11, issued the notice to the Union government and the company and directed them to file their reply affidavits by January 29, 2024.
Sikh passengers permitted to carry kirpan of specific size on airplanes
The Ministry of Civil Aviation issued fresh guidelines on March 12, 2022, according to which only Sikh passengers were permitted to carry a kirpan of a particular size. However, the same restrained the employees and staff (including Sikhs) working at the airport and airlines from carrying kirpan.
Saahil Shyam Dewani, appearing for Singh, said the restrictions imposed by the Ministry of Civil Aviation are required to be corrected/ amended.
Pilot's plea that it violates his fundamental rights
Singh’s plea challenges the amendment contending that this was violative of his fundamental rights. “Petitioner is being deprived of its rights to profess his religion and carry kirpan with his integral part of Sikh religion,” contends his plea. It adds that the rules permitting passengers to carry Kirpan but not employees and staff defies logic or reasoning.
He has urged the court to direct the Union government to amend the rules and permit the petitioner and other stakeholders working at Airport to carry a kirpan.
