In India, the Kirpan, a ceremonial sword or dagger carried by baptized Sikhs, is protected under the Constitution of India. Specifically, Article 25 of the Constitution guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion. This article allows Sikhs to carry and wear the Kirpan as part of their religious practice.

Here's the relevant excerpt from Article 25:

Article 25(2)(b) explicitly mentions the Kirpan, stating:
"The wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion.

1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law:
   1. Regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice;
   2. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I: The wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion.

This constitutional provision ensures that Sikhs have the right to wear and carry the Kirpan as an essential part of their faith.

In Indian law, the Kirpan is recognized as a religious symbol and is protected under various legal provisions to accommodate the religious practices of Sikhs. Here are the key legal aspects concerning the Kirpan in India:

The Arms Act, 1959

The Arms Act regulates the possession of weapons in India but provides exceptions for religious symbols. Section 4 of the Arms Act, 1959, states:

"Nothing in this Act shall apply to the manufacture, sale, or possession for sale of arms of category V and ammunition of category VI by or with the authority of the Central Government, to the possession of arms and ammunition under a license granted in accordance with the provisions of this Act, or to the carrying of arms or weapons of any description by members of any Hindu, Sikh, or Muslim community, while going to, or returning from, or attending, any wedding, funeral or other religious or social ceremonies or while engaged in their religious or customary pursuits."

Judicial Interpretations:

Indian courts have upheld the right to carry the Kirpan as part of the religious freedoms guaranteed by the Constitution. Notable cases include:

• Commissioner of Police vs. Harjinder Singh (1997): The Delhi High Court ruled that Sikhs could wear the Kirpan in public places, including schools and offices, as long as it did not threaten public order.
• Rajinder Singh v. State of Haryana (2019): The Punjab and Haryana High Court affirmed the right of Sikhs to carry the Kirpan, emphasizing that it is an integral part of their religious practices.

Specific State Laws and Regulations:

Different states may have specific regulations concerning the carrying of Kirpans, especially in sensitive areas like airports, government buildings, and educational institutions. Generally, exceptions are made for Sikhs, but they may be subject to certain conditions for security reasons.

Airport Security:

The Bureau of Civil Aviation Security (BCAS) has guidelines that allow Sikh passengers to carry Kirpans on domestic flights, with certain restrictions on the size and manner of carrying.

Conclusion
The legal framework in India recognizes the Kirpan as an essential part of the Sikh religion and provides constitutional and statutory protections for Sikhs to wear and carry it. However, certain regulations and guidelines may apply, especially in contexts where security is a concern.

Jasdip Kaur Advocate is registered Research Scholar law (Ph.D) at Amity University is currently she working as senior legal consultant for big 4 MNC , she had worked as legal aid counsel at juvenile justice board appointed by Delhi legal aid services authorities.

She has worked as Law officer Women and Child Dept Govt of Delhi NCT Ex panel lawyer govt of Delhi NCT.

She did her schooling from Ghps Vasant Vihar, New Delhi, Graduated in BA English Hons from Mata Sundri college of Women University of Delhi (regular) She did her LLM ( USLLS IP university Delhi Dwarka) Regular.