Muslims in Tamil Nadu Police can sport beard: Madras High Court
The Madras High Court ruled in support of a Muslim police constable who was punished for growing a beard in adherence to his religious belief
Chennai: The Madras High Court ruled in support of a Muslim police constable who was punished for growing a beard in adherence to his religious belief.
The Madurai bench of the Madras High Court has quashed the punishment order against the Muslim police constable and remanded the matter back to the Commissioner of Police, Madurai City to pass appropriate orders by law within eight weeks.
The Court emphasized the importance of respecting the rich diversity of religions and customs in India citing the Madras Police Gazette of 1957, which says Muslims are permitted to maintain trim and tidy beards even while on duty.
“Maintaining the discipline in the department does not permit the respondents to initiate punishment on employees belonging to the minority communities, particularly Muslims for maintaining a beard which they do throughout their lives…,” said Justice L Victoria Gowri in her judgment and noted that while the police force requires strict discipline, it shouldn't lead to the punishment of Muslims for their religious observances.
Police constable G Abdul Khadar Ibrahim filed a writ petition under Article 226 of the Constitution, praying the high court to quash the punishment order issued by the Commissioner of Police, Madurai City.
Ibrahim, who joined the police force in 2009, stated that he had maintained a beard as part of his Muslim faith and has been working as a Grade I police constable since 2019. He applied for 31 days leave, between November 9, 2018, and December 9, 2018, to go for the Haj pilgrimage.
Upon his return, he applied for an extension of the leave along with a medical certificate as he had a severe infection in his left leg. He was directed to meet the assistant commissioner of police, who instead of providing leave, questioned his appearance with the beard.
Further, the deputy commissioner of police (Armed Reserve) issued a charge memo in 2019, framing counts of charges — not reporting to duty after completion of 31 days of leave and taking a medical leave from December 10 to 30, 2018, and for maintaining the beard against the mandates of the Madras Police Gazette.
The Deputy Commissioner of Police issued a punishment order against Ibrahim, stopping his salary increment for three years with cumulative effect. Later, this decision was modified by the Commissioner of Police, reducing the penalty to a two-year stoppage of increment without cumulative effect.
Ibrahim then moved to the High Court. The High Court perused the Madras Police Gazette of 1957 and observed that permission to grow beards cannot be granted to police officers other than Muslims but Muslims are permitted to maintain trim and tidy beards even while on duty.
Quashing the punishment, the court stated the norms throw light on the fact that Muslims are permitted to maintain trim and tidy beards even when on duty. “India’s beauty and uniqueness lies in the diversity of the citizens’ beliefs,” the court said.
Further, the court observed the charge of absence without leave saying Ibrahim sought medical leave after returning from his pilgrimage which should have been granted by the respondents.
The court quashed the punishment order and remanded the matter back to the Commissioner of Police, Madurai City to pass appropriate orders by law. The commissioner was directed to pass appropriate orders within eight weeks.
[The writer, Syed Ali Mujtaba, is a journalist based in Chennai. He can be contacted at syedalimujtaba2007@gmail.com.]
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