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Air Force officers can't grow beard on religious grounds: Supreme Court
  • The Supreme Court upheld the sacking of Muslim Air Force personnel for sporting a long beard and remarked that armed forces' regulations are meant to ensure discipline and uniformity.
  • The apex court ruled that unless keeping a beard was an integral part of one's religion, as it is must in the Sikh community, no personnel can be allowed to grow a beard.

Background:

  • Moving the Supreme Court against an order of the Punjab and Haryana High Court, which upheld the Air Force's August 2005 decision to discharge him for his 'defiance of IAF rules', Airman Mohammad Zubair had asserted his right to retain a beard as a 'facet of his fundamental right to freedom of religion'.
  • The current Defence Ministry policy of ‘hair, beard and wearing turbans’ as notified in 2003, allow only those Muslim personnel to keep beard, who had kept beard along with moustache at the time of joining/ enrolment prior to January 1, 2002. Those who have grown beard after joining service must shave it off.
  • Air Force Rules 1969:
  • It mandates firstly that Air Force personnel must keep their hair neatly cut and trimmed.
  • Airman will be permitted to grow hair or to retain a beard where the religion professed by him prohibits the cutting of hair or shaving of facial hair
  • Facial hair has to be shaved and every airman must have a clean shaven face.
  • Whiskers and moustaches, though permitted, have to be of a moderate length.

Analysis:

  • All Muslims do not carry beard. The practice of growing and keeping beard is optional and sporting a beard is not universally recognised in the religion of Islam.Therefore, it cannot be said that Muslim religion prohibits the cutting of hair or shaving of the face of its member.'
  • Every member of the air force, while on duty, is required to wear the uniform and not display any sign or object which distinguishes one from another. Uniformity of personal appearance is quintessential to a cohesive, disciplined and coordinated functioning of an armed force. Therefore, the decision to prohibit personnel of a particular community from sporting a beard didn’t infringe upon their fundamental right to religion.
  • As a combat force, the Airforce has to defend the nation and for its effectiveness, members must bond together by the sense of “espirit-de-corps”, without distinction of caste, creed or religion.

 


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