A Sikh body, Singh Legal Foundation, filed a petition in the Supreme Court with reference to France’s banning conspicuous religious symbols (including turbans) in certain circumstances in the public sphere.

The petitioners wanted the Court to direct the the Central Government to defend the fundamental rights of Indian citizens both within the country and without. Saying that Constitutional provisions have to be read along with international conventions which require the rights of religious groups to be protected, they contended that the French ban on wearing turbans violates the fundamental rights of Indian Sikhs who live in France and that the government has a duty to defend their rights in France.

A Bench of the Supreme Court headed by K G Balakrishnan CJ, however, said that it has no jurisdiction to interfere with the law of a foreign land and suggested that the petitioners approach French authorities or, possibly, either the ICJ or the ECJ. It went on to say that it could only protect the fundamental rights of Indian citizens within the boundaries of India and not in a foreign land.

Even though the Bench said that it has no jurisdiction, it pointed out that the Government has in fact raised the issue with French authorities.