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The Supreme Court of India has agreed to consider whether the suspension of a Muslim police constable for keeping a beard violates his fundamental right to religious practice under Article 25 of the Constitution. The case involves a constable from the Maharashtra State Reserve Police Force (SRPF) who was suspended for non-compliance with the Bombay Police Manual of 1951, which prohibits beards.
A bench led by Chief Justice DY Chandrachud, including Justices JB Pardiwala and Manoj Misra, has decided to hear the matter on a non-miscellaneous day, recognizing the constitutional significance of the issue. Chief Justice Chandrachud remarked on the importance of the case, emphasizing that it warrants detailed judicial scrutiny.
The petitioner, who had previously challenged the Bombay High Court’s 2012 decision upholding his suspension, argued that the ban on beards infringes on his right to practice his religion. This challenge follows a previous Supreme Court offer to reinstate him if he agreed to shave his beard, a condition he refused.
The Bombay High Court, in its order from October 9, 2012, had supported the suspension, arguing that the SRPF’s adherence to the Bombay Police Manual’s grooming standards was a reasonable restriction necessary for maintaining a secular and disciplined police force. The court had found that the petitioner failed to prove that keeping a beard was a fundamental tenet of Islam or that his right to do so was protected by statutory law.
The Supreme Court’s forthcoming decision will address whether the state’s regulations on police personnel’s appearance infringe upon their constitutional rights and the balance between individual religious practices and the need for uniformity and discipline in law enforcement.