Documente Academic
Documente Profesional
Documente Cultură
JUDGEMENTS
In case of Airmen Mohammad Zubair and Aftab Ahmad Ansri vs. Indian Air Force (IAF),
Indian Supreme Court has asked Union government to clarify within a fortnight that if Muslims
working with IAF can grow their beards or not?
"The government is bound to respect religious freedom.... But there is an overdriving concept of
public interest when one is working in the armed forces. Can one sport a beard as an act of
distinctiveness when the person is expected to work in an environment of cohesiveness? The
pursuit of faith is not abrogated, but standing out is what concerns the forces."
not confined to religious beliefs only; it extends to religious practices and propagation of religion
as well, subject to such restrictions as are mentioned in the Constitution itself.
In Ratilal v. State of Bombay it is stated at page 391:
Article 25 of the Constitution guarantees to every person and not merely to the citizens of India
the freedom of conscience and the right freely to profess, practise and propagate religion. This is
subject, in every case, to public order, health and morality. Further exceptions are engrafted upon
this right by Clause (2) of the Article. Sub-clause (a) of Clause (2) saves the power of the State to
make laws regulating or restricting any economic, financial, political or other secular activity
which may be associated with religious practice; and Sub-clause (b) reserves the State's power to
make laws providing for social reform and social welfare even though they might interfere with
religious practices.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in
any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ),
without
(a) Furnishing to such party copies of such petition and all documents in support of the plea for
such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for
the vacation of such order and furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is received or from the date
on which the copy of such application is so furnished, whichever is later, or where the High
Court is closed on the last day of that period, before the expiry of the next day afterwards on
which the High Court is open; and if the application is not so disposed of, the interim order shall,
on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power
conferred on the Supreme court by clause (2 ) of Article 32.
Members shall be neat and clean in appearance when in public whether in or out of uniform and
whether on or off duty. They shall bathe regularly, shave once each day, and keep their hair
trimmed and fingernails clean and neat. Officers in uniform shall not carry an umbrella or
cumbersome bundles, nor shall they walk or stand with hand in pocket.
I have already found that growing beard or dyeing hair is not an essential part of the practice of
Islamic religion. There is nothing in Article 25 of the Constitution to desist the State from
restricting or preventing the non-essential practices of religion, the right to profess, practice and
propagate religion being subject to public order, morality and health. The Police Standing Orders
referred to above requiring Police Personnel to have their face and neck clean and shaven are
perfectly valid in law.