Muslim Cop and the Beard Debate: Why Allahabad HC Rejected His Plea to Keep Stubble While in Service
The Allahabad High Court in a recent verdict said that having a beard may not be protected under the provisions of the right to practice religion, as guaranteed by Article 25 of the Indian Constitution, for “a member of disciplined force”, triggering a debate on whether or not a beard should be kept by men in police services.
How the Debate started
Mohammad Farman, a constable in the UP Police, had refused to follow an October 2020 directive issued by the state director general of police (DGP), prohibiting the members of the force from keeping a beard, among other things.
In November 2020, the constable was under suspension till the completion of the departmental inquiry. Farman had challenged the suspension order and the charge sheet filed against him in court.
He also challenged his suspension order and the order of the Deputy Inspector General of Police/Senior Superintendent of Police, Ayodhya (Faizabad) wherein his application seeking permission to maintain his beard in accordance with tenets of the Muslim religion had been rejected. He was serving at Police station Khandasa.
The Suspension
On October 26, 2020. Director-General of Police, UP Lucknow, issued guidelines through a circular in respect of wearing proper uniform and proper appearance warranted for the member of a disciplined force.
Farman, who was then posted at the Khandasa police station in Ayodhya, had refused to cut his beard despite being issued orders by the station house officer.
Superintendent of Police (Rural), Ayodhya, had also rejected Farman’s application seeking permission to keep his beard.
Farman was suspended on November 5, 2020, and issued a charge sheet on July 29 this year. He had challenged his suspension order and the charge sheet before the high court.
On August 12 this year, the Lucknow Bench of Justice Rajesh Singh Chauhan passed the order on a writ petition filed by him, for maintaining a beard despite being told to shave it.
Similar Cases in the Past
The Indian courts have several times in the past upheld regulations, finding them to be non-violative of Article 25 of the Constitution, which grants citizens “freedom of conscience and free profession, practise and propagation of religion”.
For instance, in 1985 the Kerala High Court observed that growing a beard could not be said to be an essential part of the practice of religion. The high court held that, as a member of the force, he must abide by the discipline of the service and rejected the plea of a head constable in state police.
In Kerala, a Muslim Army man was dismissed from the service in 2016 as he continued to keep his beard. The decision was later upheld by Armed Forces Tribunal in Kochi. in this case, the soldier had been sentenced to 14 days of detention for disobedience and discharged from the force after being termed an “undesirable soldier”.
Rules in Military Forces
In the police force rules are different in every state regarding the facial hair. However, most states only allow growing a moustache and not a beard for their non-Sikh police personnel.
In the armed forces, only Sikhs are permitted to have a well-maintained beard and untrimmed hair across divisions.
The army allows non-Sikhs in certain regiments and regions to sport a temporary beard. The Air Force prohibits all non-Sikhs from keeping a beard. But Muslims who had a beard at the time of enrolment are allowed to keep it if they joined the force before 1 January 2002.
The Navy allows its personnel to grow and keep a beard and moustache, but the Commanding Officer’s permission is mandatory.
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