Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1969 - r. 15(2j(g)(ii) - Growth of hair etc. by Air Force Personnel -Airman in the Indian Air Force discharged from service since he asserted his right to retain a beard on religious grounds since he is a Muslim 1964 - Regn. 425 - Air Force Rules Armed Forces Regulation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Armed Forces Regulation, 1964 - Regn. 425 - Air Force Rules, 1969 - r. 15(2j(g)(ii) - Growth of hair etc. by Air Force Personnel -Airman in the Indian Air Force, discharged from service since he asserted his right to retain a beard on religious grounds since he is a Muslim - Said order upheld by the High Court - On appeal, held: Maintenance of identity is a crucial element in the safety and security of the Forces - No material produced to indicate that the appellant professes a religious belief that would bring him within the ambit of Regn. 425(b) which applies to "personnefwhose religion prohibits ~the cutting off the hair or .shaving off the face of its members" - Thus, the Commanding Officer acted within his iurisdiction in the interest of maintaining discipline of the Air Force- Appellant having been enrolled as a member of the Air Force was necessarily required to abide by the discipline of the Force - Regulations and policies in regard to personal appearance are not intended to discriminate (]gains! religious beliefs nor do they have the effect of doing so - Their object and purpose is tp ensure uniformity, cohesiveness, discipline and order, indispensable to every armed force of the Union - Thus, the order of High Court upheld - Constitution of India - Art. 33 - Armed Forces.Appellant was enrolled as Airman in the Indian Air Force. He filed an application seeking permission to keep a beard on religious grounds since he is a Muslim. He was granted provisional permission. Thereafter, the appellant was directed to shave off his beard in view of the subsequent policy of the Air Force. The appellant, however, asserted his right to retain a beard. Eventually, he was discharged from service. The appellant then filed a writ petition. The Single Judge of the High Court dismissed the petition holding that maintaining a beard was not an integral part of the religion professed by the appellant. The said order was upheld by the Division Bench. Hence, the instant appeals. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 1141 |
Petitioner | Mohammed Zubair Corporal No. 781467-g |
Respondent | Union Of India & Ors. |
SCR | [2016] 9 S.C.R. 111 |
Judgement Date | 2016-12-15 |
Case Number | 8643 |
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