14 May 2008 Hindustantimes Chandigarh Pg 06
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FRANCE'S DECISION to ban the Sikh turban and other conspicuous religious symbols in schools today came up before the Supreme Court, which refused to enter into the controversy, saying it had no jurisdiction to interfere in the law of a foreign land.
"We can only protect the fundamental rights of citizens within the boundary of India. Fundamental rights cannot be protected in a 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 the Centre's interven tion 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 violated the fundamental rights of Indian Sikhs living in that country it was the duty of the government here to , defend the rights in the foreign land. However, the Bench said any grievance against the French law However, the Bench said the Government had taken up the issue with the French authorities and that it could not give any direction.
The Foundation had gone to the apex court in an appeal against judgment of the Punjab and Haryana High Court, which ad dismissed its peti tion on June 30, 2007 on the ground of territorial ju risdiction.
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 had to be read with the International Conventions, which guarantee a right of a religious group to maintain a separate and distinct identity .
The Centre should take up the issue in right earnest to safeguard the religious and cultural interests of its citizens who have migrated to other countries, the counsel said.
"We can only protect the fundamental rights of citizens within the boundary of India. Fundamental rights cannot be protected in a 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 the Centre's interven tion 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 violated the fundamental rights of Indian Sikhs living in that country it was the duty of the government here to , defend the rights in the foreign land. However, the Bench said any grievance against the French law However, the Bench said the Government had taken up the issue with the French authorities and that it could not give any direction.
The Foundation had gone to the apex court in an appeal against judgment of the Punjab and Haryana High Court, which ad dismissed its peti tion on June 30, 2007 on the ground of territorial ju risdiction.
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 had to be read with the International Conventions, which guarantee a right of a religious group to maintain a separate and distinct identity .
The Centre should take up the issue in right earnest to safeguard the religious and cultural interests of its citizens who have migrated to other countries, the counsel said.
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