JALANDHAR: The United Nations Human Rights Committee (UNHRC) has held
that France violated the religious freedom of 57-year-old Shingara Mann
Singh by asking him to remove his turban for his passport photograph in
2005 and also failed to demonstrate that the curb imposed on him was
necessary.
This is the third turban case won at the UNHRC after France brought in turban curbs in 2008.
The UN Human Rights Committee (UNHRC) said France had not explained why the act of wearing a turban, covering only the upper portion of an individual's head and forehead (but leaving the face clearly visible) makes it more difficult to identify the wearer, or why a bare-headed ID photograph in case of Shingara Singh who was asked to remove his turban for his passport photograph in 2005 would make it easier to ascertain his identity or to prevent fraud given that he wears a turban at all times in public.
"This case shows that the international community recognises that wearing of turban by a Sikh is not only his/her religious duty, but is a part of his/her identity. We have done our work to show that international law recognizes the right to wear a turban in France," said Mejindarpal Kaur, legal director of United Sikhs - which had taken up all these cases.
"The committee therefore must conclude that the regulations requiring him to appear in his passport photographs 'with the head uncovered' is a disproportionate restriction that poses a threat to his freedom of religion and thereby constitutes a violation of Article 18 of the Covenant," the Committee said in its decision.
"We now need to embark on a campaign to make France realise that it has to fulfil its obligations under international law to ensure that freedom of religion and belief is upheld for everyone in its country," said Mejinder, who has been working on these cases since France banned the turban in state schools in 2004.
Shingara Singh, a French national, was unable to renew his passport in 2005 because the authorities insisted that he remove his turban for photograph. "I have been a French citizen for more than 20 years. I fail to see how my country can be proud of its slogan of Liberty, Equality and Fraternity if it cannot uphold its citizens' right to religious freedom. I hope that the UNHRC's decision will wake France up to its international obligations," Shingara Singh said.
This is the third turban case won at the UNHRC after France brought in turban curbs in 2008.
The UN Human Rights Committee (UNHRC) said France had not explained why the act of wearing a turban, covering only the upper portion of an individual's head and forehead (but leaving the face clearly visible) makes it more difficult to identify the wearer, or why a bare-headed ID photograph in case of Shingara Singh who was asked to remove his turban for his passport photograph in 2005 would make it easier to ascertain his identity or to prevent fraud given that he wears a turban at all times in public.
"This case shows that the international community recognises that wearing of turban by a Sikh is not only his/her religious duty, but is a part of his/her identity. We have done our work to show that international law recognizes the right to wear a turban in France," said Mejindarpal Kaur, legal director of United Sikhs - which had taken up all these cases.
"The committee therefore must conclude that the regulations requiring him to appear in his passport photographs 'with the head uncovered' is a disproportionate restriction that poses a threat to his freedom of religion and thereby constitutes a violation of Article 18 of the Covenant," the Committee said in its decision.
"We now need to embark on a campaign to make France realise that it has to fulfil its obligations under international law to ensure that freedom of religion and belief is upheld for everyone in its country," said Mejinder, who has been working on these cases since France banned the turban in state schools in 2004.
Shingara Singh, a French national, was unable to renew his passport in 2005 because the authorities insisted that he remove his turban for photograph. "I have been a French citizen for more than 20 years. I fail to see how my country can be proud of its slogan of Liberty, Equality and Fraternity if it cannot uphold its citizens' right to religious freedom. I hope that the UNHRC's decision will wake France up to its international obligations," Shingara Singh said.
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