NIA court allows UAPA accused to grow beard citing religious rights, jail officials raise concerns

The NIA court’s special order on June 14 allowing an accused in the UAPA case in Central Jail to grow a beard in view of his religious beliefs has led to a series of discussions and debates on the requirement of maintaining “uniformity” among inmates and religious beliefs of the prisoners in the jail.

The NIA court allows the accused to grow a beard for religious reasons

Ernakulam: Special order of the NIA court dated June 14^t allowing a UAPA defendant at Central Prison to grow a beard, citing religious beliefs, has led to a number of discussions and debates about the requirement to maintain “uniformity” among prisoners and their religious beliefs.

An example is the special order of the NIA court of June 14^t UAPA accused M. Sahad approached the court seeking permission to grow a beard due to his religious beliefs.

In the petition, the accused stated that he professed the Muslim religion and had the right to observe the customs and ceremonies of this religion. According to him, he cannot shave his beard in accordance with religious customs, which is why he asked the court to grant him permission.

Although prison regulations allow inmates to grow beards in accordance with their religious beliefs, there is a worrying trend of inmates who claim to have such beliefs growing long beards, raising issues regarding prison discipline and hygiene. The court also heard from the Chief Constable who stated that it was necessary to maintain hygiene and discipline among inmates while in prison. The SP also mentioned that if he was guided by his religious beliefs, he should have made the application while in prison under Article 292(A) on Prisons and Correctional Facilities.

A senior department official said, “We allow exceptions for religious reasons, such as the Sabarimala pilgrimage period and fasting during Ramadan. However, an increasing number of prisoners, especially those in the State Investigation Agency’s cases, are deliberately growing beards on the pretext of religious beliefs. This trend is creating problems in maintaining prison discipline and hygiene,” he added that the government should enforce the law to address the issue, noting that there is currently no exclusive record of the number of prisoners growing beards.

The officer pointed out that instead of wearing normal beards, they deliberately wear long ones, causing problems for other prisoners. At the same time, Alexander Jacob, former director general of prisons, said that according to their beliefs, there are no restrictions on growing beards in prison.

Sahad, who was ordered to grow a beard by the Ernakulam NIA Special Court, submitted that he is a Muslim and has the right to follow the customs and rites of that religion.

The order read: “As per his religious beliefs, he is not allowed to shave his beard, but the prison authorities are not allowing him to grow a beard and are forcing the petitioner to cut and shave his beard. His insistence on cutting and shaving his beard is against his beliefs. As per Rule 292(1) of the Kerala Prisons and Correctional Services Rules, the petitioner has the right to grow a beard. The petitioner seeks directions from the Superintendent of Central Jail, Viyyur, to allow the petitioner to grow a beard.”

The court stated that the claim that an inmate did not grow a beard when admitted to prison is not a basis for denying this right. Since other prisoners of the same religion are allowed to grow beards, he cannot be denied this right. “I am, therefore, of the view that the petitioner can be permitted to grow a beard, subject to any restrictions provided under the relevant Acts,” the Special Judge said.

TP Senkumar, former director general of the state government, who spoke to TV9, said there should be uniformity in terms of dress and beard growth and the law should be equal for all.

““I have not gone into the details of the order, but I am of the opinion that the prison rules, which state that all prisoners must shave their beards while in prison, should be applied to everyone,” Senkumar told TP.