In a recent ruling, the SC upheld
the dismissal of a Muslim pilot from IAF upon his insistence to grow a beard in
accordance with his religious beliefs. The reason cited by the court was
predictable – an individual can’t be allowed to violate defence rules, which
permit beards only for Sikhs, or for others under special circumstances.
India’s armed forces disallow
beards for the sake of maintaining a homogeneous, secular atmosphere. Sikhs are
an exception because keeping a beard is an “essential practice” of their
religion. However, as per the SC, beard-keeping fails the essential practices
test for Islam, which is why the man wasn’t granted exception.
Legal scholar Gautam Bhatia, in
his erudite blog, criticized the court for applying the contentious essential
practices test – so far reserved for communities/groups – to an individual. As
per him, the court should have only tried to figure out whether the
individual’s belief in his religion was genuine, and ruled in his favour if it
that was the case.
Without even getting into the
quagmire of how the court could have figured out genuineness of personal
beliefs, I disagree with Bhatia’s argument. Judiciary has already invaded the
executive’s turf, and it has simply no business dictating terms to armed
forces. The armed forces, under Article 33 of the Constitution, are empowered
to regulate fundamental rights of their personnel. Any external intervention would vitiate the
sanctity of hierarchy of defence forces, and open a Pandora’s Box.
However, my initial thoughts were sympathetic to the dismissed Muslim man, and probably scores of others who can't practice religion in the armed forces. The rule against beards seemed silly and unnecessary. But running my views past a friend from the armed forces threw up challenges that made me rethink my position.
Initial thoughts
However, my initial thoughts were sympathetic to the dismissed Muslim man, and probably scores of others who can't practice religion in the armed forces. The rule against beards seemed silly and unnecessary. But running my views past a friend from the armed forces threw up challenges that made me rethink my position.
Initial thoughts
While I'm strictly against judicial interference, I did think it was time for the armed forces to take a look at this draconian rule internally. If the Sikhs can be allowed a “neat, well-trimmed” beard, why should a smattering of heterogeneity harm the armed forces? After all, a lot of army/air force/navy officers do keep neat moustaches, and tribals are allowed tattoos, including on the face. Moreover, the rules against beard-keeping sound arbitrary. For example, Muslims who had a beard prior to joining the defence forces on or before Jan 1, 2002 are allowed to retain it, but those who joined after this date aren’t extended the same privilege. No one is allowed to grow a previously non-existent beard after joining, irrespective of the date. Those who are allowed to retain one can only do so along with a moustache, but never without one. Clearly, this rule is an attempt to eliminate any overt display of religiosity, and might well be inspired from a similar rule of the British army that prohibits a beard without a “full set”. Similar regulations against overt displays exist for other religions too, except Sikhism, though even turbans are strictly regulated for colour and style of wearing.
I personally don’t see why
someone can’t be deeply religious and patriotic at the same time. There is a
distinct possibility that rules dictating appearance, especially the one
against beards, might be keeping certain people at an arm’s length from the
forces. Worse, as in this case, it might lead to alienation of those who take a
religious turn while serving the forces. For the non-religious, there is that
major inconvenience of not being able to look like Virat Kohli. After all, the
legendary Admiral Zumwalt of US navy, in one of his orders titled “Elimination
of Demeaning or Abrasive Regulation”, said, “I want to restate what I believed
to be explicit: in the case of haircuts, sideburns, and contemporary clothing
styles, my view is that we must learn to adapt to changing fashions. I will not
countenance the rights or privileges of any officers or enlisted men being
abrogated in any way because they choose to grow sideburns or neatly trimmed
beards or moustaches or because preferences in neat clothing styles are at
variance with the taste of their seniors.”
Revision in position
With these thoughts in mind, I
had a long chat with a (Muslim) friend from Indian navy. To Bhatia’s blog, his response was, “civilian ne likha hai na?” When I tried moving on to my
arguments about the futility of these rules, the response was, “bhai, tum bhi
civilian hi ho aakhirkar.”
My first instinct was to dismiss
his response as the superiority complex that is known to afflict armed forces, but
the issue goes deeper. He mentioned two points in favour of the rule against
beards. One, each defence personnel is issued a fresh ID card for every rank
he/she occupies, the photo on which remains unchanged for the tenure of the
given rank. Sporting a beard could lead to departure in appearance from the
photo on the ID card, which could lead to a security lapse. In case one wants
to change facial appearance, one has to be cleared by the commanding officer,
barring which the change can’t happen. Two, and the larger point, in the current political climate keeping a
beard signals strands of puritanical Islam within armed forces, which is anathema
to Indian armed forces’ psychological edge over its counterparts. He recounted
incidences of Indian navy personnel sailing to far-off shores simply to
participate in sporting and networking events – all for the sake of
psychological warfare. He confessed to looking down upon navies whose personnel
displayed overt religiosity. As per him, similar behaviour by India’s armed
forces would be a blot on its professionalism, reputation, and ultimately
operational competence. This doesn’t happen due to Sikh personnel because the
exception granted to them , by not just Indian but also British and Canadian
forces, is well known all over the world. A personal note there – there’s
plenty of Islamophobia but hardly any Sikhophobia in the world. It is also
noteworthy that Admiral Zumwalt lived in a pre-Islamophobic era and his
comments are not cognizant of religious significance of facial hair.
To wrap it up, there are two
opposing forces here. One is the obvious sanity of letting people look the way
they want to, within acceptable standards. The other, as well argued by my
friend, is the security issue and the perceived psychological harm emanating
from beards. Maybe India’s armed forces should keep off beards in the current political climate. Hopefully
that will change soon.