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French turban ban: SC won't interfere
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May 13, 2008 16:48 IST

France's [Images] decision to ban turbans and other conspicuous religious symbols came up before the Supreme Court which refused to enter into the controversy saying it has no jurisdiction to interfere into the law of foreign land.

"We can only protect the fundamental rights of the citizens within the boundary of India. Fundamental rights cannot be protected in foreign land," a bench headed by Chief Justice K G Balakrishnan said. The court was hearing a petition filed by a Sikh body, Singh Legal Foundation, seeking Centre's intervention to protect the fundamental rights of citizens of India within the country and abroad.

The foundation contended that since the French law banning the wearing of turban violates the fundamental rights of Indian Sikhs living in that country it was the duty of the government here to defend the rights in foreign land.

However, the bench said any grievance against the French law can be raised in the court in that country. The foundation can also take up the matter with the International Court of Justice or European Court, it said.

To this, the counsel appearing for the Sikh body said the right of ethnic minorities to practice and preserve their traditions and customs in terms of the constitutional provisions of India has to be read with the International conventions, which guarantees a right of religious group to maintain their separate and distinct identity. The government should take the issue in right earnest to safeguard the religious and cultural interests of its citizens who have migrated to other countries, the counsel said.

However, the bench said the government has taken up the issue with the French authorities and that it cannot give any direction.


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