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Regular-article-logo Friday, 13 June 2025

Court upholds IAF beard bar

The Supreme Court today upheld the air force's sacking of a soldier, Mohammed Zubair, for refusing to shave off his beard despite the rules demanding it. It said the appellant could not breach force discipline.

Our Legal Correspondent Published 16.12.16, 12:00 AM

New Delhi, Dec. 15: The Supreme Court today upheld the air force's sacking of a soldier, Mohammed Zubair, for refusing to shave off his beard despite the rules demanding it. It said the appellant could not breach force discipline.

"Regulations and policies in regard to personal appearance are not intended to discriminate against religious beliefs nor do they have the effect of doing so," the court said.

It cited how similar restrictions had been placed on symbols of other religions such as the tilak, vibhuti and sacred threads.

The bench of Chief Justice T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao refused to interfere with an earlier judgment by Punjab and Haryana High Court that had upheld Zubair's dismissal.

The high court had ruled that Zubair could not claim an exclusive right to sport a beard since it was not an integral part of Islam.

Regulation 425(b) of the air force allows an airman to grow his hair or retain a beard only if his religion prohibits the cutting of hair or shaving of facial hair.

Zubair had sought permission to grow a beard but the government had rejected his plea on the ground that it was contrary to Regulation 425(b) and the policy letters of May 8, 1980, and August 10, 1982.

He was removed from service in 2007 after refusing to shave off his beard, which he had started growing sometime in 2005 after joining the service in 2001.

A division bench of the high court had on July 31, 2008, concluded that the purpose of Regulation 425(b) was to ensure a person's appearance was not altered during the course of service and thus hindered recognition.

It affirmed the judgment of a single judge of the high court in 2007 that said: "Maintaining a beard was not an integral part of the religion professed by the appellant."

Zubair had challenged the 2008 judgment in the apex court.

The top court said the purpose of the regulations on personal appearance was "to ensure uniformity, cohesiveness, discipline and order which are indispensable to the air force, as indeed to every armed force".

"For the effective and thorough functioning of a large combat force, the members of the force must bond together by a sense of esprit de corps without distinctions of caste, creed, colour or religion," Justice Chandrachud, writing the judgment, said.

"Maintaining the unity of the force is an important facet of instilling a sense of commitment, and dedication amongst the members of the force."

The apex court said that every member of the air force was required to wear the uniform while on duty and not display any sign or object that distinguished one from another.

"Uniformity of personal appearance is quintessential to a cohesive, disciplined and coordinated functioning of an armed force. Every armed force raised in a civilised nation has its own 'dress and deportment' policy," it said.

"Tilak/vibhuti on the forehead, a thread on the wrist or arm of the airman and a trinket in the ear (etc) are not to be worn. No material has been produced before this court to indicate that the appellant professes a religious belief that would bring him within the ambit of Regulation 425(b)."

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