Respecting The Rich Diversity Of Religions - Madras HC Says Muslim Policemen Can Sport Beard On Duty
By
Syed Ali Mujtaba, New Age Islam
17 July
2024
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.
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The Madurai bench of the Madras High Court. | Official website.
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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.
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Syed Ali Mujtaba is a journalist based in Chennai.
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