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Madras HC Allows Muslim Beard
‘India is Land of Diverse Religions’: Madras HC Allows Muslim Cop to Keep Beard on Duty
The Madras High Court has ruled that Muslim policemen in Tamil Nadu can maintain trimmed and tidy beards while on duty. This decision came after Constable G Abdul Khadar Ibrahim was punished for wearing a beard following his pilgrimage to Mecca. Justice L Victoria Gowri issued the ruling on July 5, emphasizing India’s diversity of beliefs and cultures.
Ibrahim’s counsel referenced the Madras Police Gazette of 1957, which permits Muslim officials to have beards. The court agreed, stating that Muslim policemen cannot be punished for keeping beards as part of their religious practice.
In 2018, Ibrahim had taken a 31-day leave for his pilgrimage and sought an extension due to a leg infection. His request was denied, and he was later charged for not returning on time and for having a beard. The deputy commissioner of police initially stopped his pay increments for three years, later reduced to two years by the city police chief.
Challenging this in the High Court, the court found the punishment “shockingly disproportionate” and quashed the June 2021 order. It remanded the matter back to the commissioner and directed the officer to pass appropriate orders according to the law.
The judgment underscored that enforcing discipline should not come at the cost of infringing on constitutionally protected religious freedoms. The court’s decision reinforced the principle that minority communities should not be penalized for practices integral to their faith, especially when such practices are acknowledged and permitted by existing regulations.
The Madras High Court emphasized that according to the Madras Police Gazette of 1957, Muslim policemen in Tamil Nadu are permitted to maintain trimmed and tidy beards while on duty. Justice L Victoria Gowri highlighted that India is a land of diverse religions and customs, and the police department cannot punish its Muslim employees for maintaining a beard as per their religious beliefs.
“The norms of the Madras Police Gazette indicate that Muslims are permitted to maintain a trim and tidy beard even while on duty. India, being a land of diverse religions and customs, derives its beauty and uniqueness from the diversity of its citizens’ beliefs and cultures. Despite the need for strict discipline within the Tamil Nadu police department, this does not allow for punishment of minority community employees, particularly Muslims, for maintaining a beard in accordance with the commandments of Prophet Mohammed,” the June 5 order stated.
This order was passed following a petition by a police constable who was punished for appearing before a superior officer with a beard after returning from Mecca. In 2018, the constable had been granted leave for 31 days for a religious pilgrimage to Mecca. After his return, he sought an extension of leave due to an infection in his leg. An Assistant Commissioner refused to grant him extended leave and questioned the constable about his appearance with a beard.
In 2019, the Deputy Commissioner of Police (DCP) demanded a formal explanation from the constable for maintaining a beard, which was claimed to be against the mandate of the Madras Police Gazette. Two charges were eventually framed against the constable – one for maintaining a beard and another for not reporting back to duty after his 31-day leave and seeking medical leave for around 20 days.
In 2021, the DCP ordered that the constable’s increment be halted for three years with cumulative effect as punishment. The constable filed an appeal against the Commissioner of Police, who modified the sentence to a halt of increment for two years without cumulative effect. This was challenged by the constable before the High Court, which granted him relief on June 5. The Court termed the modified punishment as shockingly disproportionate and quashed the Commissioner’s penal order. The matter was sent back to the Commissioner for a fresh order in accordance with the law within eight weeks.
Advocate G Karthick from Lajapathi Roy Associates appeared on behalf of the police constable, while Government advocate J John Rajadurai represented the Madurai police commissioner and DCP.
