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The New Profilees: Law Enforcement Issues for Sikh Americans in the Wake of 9/11

The Sikh community in the United States, about 500,000 strong, has been deeply shaken up by the events of 9/11. Most Sikhs trace their family origins to northern India, where the Sikh religion originated 500 years ago. An integral part of the Sikh faith is the wearing of the turban, which is mandatory for Sikh men and voluntary for Sikh women. The turban and other articles of faith make Sikhs highly visible and obviously marked.

Since the events of 9/11, Sikh Americans have scrambled to improve their relations with local and national law enforcement agencies. In part, this has simply been out of a need for protection: as has been widely reported, many Sikhs and Arabs/Muslims have been attacked and harassed by some bigoted Americans who associate all Middle Eastern looking minority groups with terrorism.

But the engagement with law enforcement authorities also centers around a second very pressing issue, that of racial profiling. Let us explore each of these two issues in turn.

First, given the turbans it is in some ways no surprise that some Americans have attacked many Sikhs mistaking them for terrorists. Sikhs are grateful to law enforcement agencies for their attempt to promptly respond to these hate crimes.
Fortunately, the frequency of hate crimes seems to have dropped somewhat in the weeks since the attacks first occurred. In part this is a result of a 'cool-down' in the temper of the more volatile and dangerous segments of American society. However, the drop in incidences of hate crimes must also be attributed to the fact that many Sikhs now are extremely careful about exposing themselves to potential attacks, and avoid high-risk situations such as sporting events and insecure urban zones.

In contrast to the declining violence, the issue that is increasingly on the horizon for Sikh Americans is that of racial profiling. In the period immediately following the attacks, many Sikhs (as well as Arabs and Muslims) found themselves scrutinized by police officers even while engaging in normal activities -- shopping, eating in restaurants, travelling, etc. Some have even been detained or arrested for reasons that seem to be manufactured. And a trend that is actually increasing rather than declining is harassment at airport security.

Though it is humiliating for religious reasons for Sikhs to remove their turbans in public, many Sikhs at airport security are being asked to do just that, even if there is no indication from the metal detector that a weapon may be concealed within the turban itself. In all of these cases, there is no cause for suspicion of Sikhs other than the turbans on their heads and the color of their skins.

Much to their credit, African American and Hispanic leaders have been continually criticizing racial profiling practices for years. The tide of law enforcement protocol was moving toward specifically banning this practice nationally. Not only is it unconstitutional, black leaders have suggested, racial profiling doesn't work. Race by itself is not a viable criterion for ascertaining probable cause or criminal intent -- and this is as true after September 11 as it was before that terrible day.

While black leaders have continued to denounce racial profiling after the terrorist attacks, many other leaders in the changed political landscape are now backpedaling on this issue. Those in favor of profiling argue that it is necessary for national security in an emergency situation. Some also argue that religion and race is two separate things and are stating that religious profiling may be appropriate while mere racial profiling might not be. We strongly feel the need to work together to continue to put pressure on the political leadership to adhere to the principle of fairness and equal protection.

The Sikh community would like to strengthen its ties with the black community, especially given that there is wide agreement over the practice of racial profiling. Ending this practice will strengthen the faith of America's minorities (both religious and ethnic) in their law enforcement. Ending racial profiling will also, we believe, make the massive anti-terrorist law enforcement effort now afoot even more successful in the long run.

In conclusion we would like to list recommendations for law enforcement regarding the appropriate and sensitive handling of the Sikh turban.

Avoid indiscriminate touching of a Sikh's head.
Do not forcibly remove the turban of a Sikh.
Explain the reason if the turban is required to be removed and have the Sikh remove the turban himself/herself in a private place.
Handle the turban with respect.
Provide a piece of cloth to cover the head if the turban is to be kept removed.

 
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