Karas and Schools

  • Karas can be worn by practising and Amritdhari (initiated) Sikhs in Australian schools.

  • The wearing of the Kara by Sikhs is protected under applicable state, territory and federal anti-discrimination laws.

  • Uniform policies that do not provide for the wearing of the Kara, either through an explicit exemption to the general policy or allowing for an exemption through application, are likely to be found to be in contravention of applicable state, territory and federal anti-discrimination laws.

The wearing of the Kara by Sikhs is protected under applicable state, territory and federal anti-discrimination laws. For example in Western Australia there is the Equal Opportunity Act 1984, in the ACT there is the Discrimination Act 1991 and the Human Rights Act 2004 and federally there is the Racial Discrimination Act 1975. Common to all these laws is the prohibition to discriminate against students in an education setting based upon their race and religious beliefs. Sikhs are considered a race under common law.

The Kara is not an item of jewellery. It is a sacred article of faith carrying deep spiritual significance for Sikhs. The Kara serves as a constant reminder of moral discipline and devotion and is worn at all times by practising and Amritdhari (initiated) Sikhs.

Some student uniform policies for schools contain a limitation on items of jewellery worn by students. As mentioned above, the Kara is not considered an item of jewellery by Sikhs and accordingly these limitations should not be read to apply to Karas.

Uniform policies that do not provide for the wearing of the Kara, either through an explicit exemption to the general policy or allowing for an exemption through application, are likely to be found to be in contravention of applicable state, territory and federal anti-discrimination laws.

In cases where Sikh religious items of significance have been challenged by schools seeking to enforce uniform policies across Australia, the result has been for schools to have to amend their uniform policies to ensure they do not discriminate and are in accordance with anti-discrimination laws. See the case of Sidak Singh Arora and Melton College which was decided in the Victorian Civil and Administrative Tribunal (VCAT). This case concerned whether a patka wearing Sikh child was discriminated against by a school’s inflexible uniform policy. The decision contains some clear principles that can assist us in understanding how other Sikh articles of faith such as the Kara may be treated by anti-discrimination laws within schools and elsewhere.

Handling of Karas where risk is identified

Karas do not generally present any risk that requires mitigation on the school premises. This is primarily due to the fact that Karas worn in schools have rounded edges, are not flexible like bracelets and accordingly are not able to be caught easily on other items. Further, schools are generally ‘non-contact’ in which students practice not interacting with each other physically.

It is important to understand that thousands of Sikh children in Australian schools have worn (and continue to wear) their Kara throughout their Australian schooling without incident.

Where a risk is identified for example in a specific physical activity such as a contact sport or a trade lesson involving the use of high powered tools, risk mitigation strategies may include:

  • covering the Kara with something soft. This could include covering the Kara with a commercially available sweat band (e.g. the band that tennis players wear) or an arm sleeve

  • placing the Kara up high on the student’s forearm and taping it with sports tape to secure it

  • placing the Kara up high on the student’s forearm and covering it with a compression bandage and tape (as tape may adhere to skin which could be an issue for initiated Sikhs wishing to keep their bodily hair in tact)

  • removal and storage of the Kara during the activity

  • any other appropriate risk mitigation strategy agreed to by the student and family.

Removal of the Kara should only be considered an appropriate measure, where other risk mitigation strategies have been deemed insufficient for the activity.

The appropriate risk mitigation strategies should be agreed on between the student and family and the school prior to it being implemented.

Where removal is warranted and agreed to by the student and family the student should be allowed to keep possession of the Kara in their belongings during the activity, lesson, or event (e.g. Kara could be kept in their pocket during the relevant lesson).

Relevant links (e.g. Media, Academic Papers, Opinions)