Madras HC Upholds Religious Freedom: Rules in Favor of Police Constable’s Beard.

Madras High Court Upholds Religious Freedom: Rules in Favor of Police Constable’s Beard

The court’s decision came in response to a petition filed by a police constable who faced disciplinary action for wearing a beard upon returning from a religious pilgrimage to Mecca. Initially granted a 31-day leave in 2018 for this pilgrimage, he subsequently requested extended leave due to a leg infection. Upon his return, an Assistant Commissioner declined his request and raised concerns about his appearance with a beard.

In 2019, the Deputy Commissioner of Police (DCP) formally questioned the constable about maintaining a beard, citing the regulations of the Madras Police Gazette. This led to charges being filed against him for both keeping a beard and for allegedly not promptly returning to duty after his initial leave.

In 2021, the DCP imposed a punishment of suspending the constable’s increment for three years, which was later reduced to two years by the Commissioner of Police upon appeal.

Justice L Victoria Gowri, presiding over the case, emphasized India’s cultural diversity and religious freedoms. The court pointed out that under the Madras Police Gazette of 1957, Muslim policemen in Tamil Nadu are permitted to keep neatly trimmed beards while on duty. Therefore, the court ruled that it was unlawful for the police department to penalize Muslim officers for adhering to their religious beliefs by wearing a beard.

Case title: G.Abdul Khadar Ibrahim

Vs.
The Commissioner of Police

 

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