Expelled for having a beard? Ridiculous, says court

NDTV Correspondent, Friday September 11, 2009, New Delhi

The Supreme Court has directed a convent school in Madhya Pradesh to take back a student, Mohammed Salim, who had been expelled for having a beard.In an interim order on Friday, the apex court issued a notice to the Nirmala Convent Higher Secondary School in Vidisha and asked Mohammad Salim to resume his studies at the school.Reprimanding the school in strong words, the court said: "the student was not allowed in school just because he has a beard? Tomorrow Sikh students won't be allowed to study. Tomorrow you will say no fair complexion student should be allowed. You will say students with earrings will not be allowed. Prima facie, it's ridiculous."The case sparked a controversy earlier this year when the Supreme Court dismissed Salim's petition and Justice Markandeya Katju said the court would not allow talibanisation in the country.The judge later apologised and withdrew the dismissal order.On Friday, it was taken up by a two-judge bench headed by justice B N Agarwal .Salim is the son of a vegetable vendor. He had been studying at the government-aided Nirmala Convent Higher Secondary School in Madhya Pradesh's Sironj town since class I. But in July 2008, Salim was rusticated by the school principal, Sister Teresa Martin, for refusing to shave his beard.Salim's contention was that Sikh boys were allowed to keep long hair and beards and so he could not be discriminated against.He first complained to the district authorities. When they rejected his appeal, plea, Salim moved the high court pleading that forcing him to shave his beard was against his fundamental religious right under Article 25 of the Constitution which guarantees all citizens the right to freely profess, practice and propagate their religion. The Gwalior bench of the Jabalpur High Court dismissed his plea too saying that the school had a right to have its les.Salim then appealed to the Supreme Court.

No one should object to anyone sporting a beard or growing hair long. These are all personal preferences, never mind if some individuals consider it their religious duty. However, exceptions have to be made in factories where long hair may get entangled in the machinery. In such cases, either the hair should be covered or they should be duly shaved or cropped. This is also applicable in operating theatres and in sports. Probably the criterion of “hair getting entangled” ought to be a deciding factor as to the question of a mandatory shave.

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