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Jithendra.H.J (Lawyer)     24 March 2009

Muslim student approaches apex court on keeping of beard


Mohammad Salim sought scrapping of the rules against keeping beards in his government-recognised minority institution, the Nirmala Convent Higher Secondary School . A bench of Justice R.V. Raveendran asked the student's counsel Monday to first find out if the school was government-aided. 

 

The bench sought this information from the petitioner as the apex court in an important ruling earlier on the rights of unaided minority institutions, known as P.A. Inamdar case, has limited the states right in interfering with the school policy on various matters, including on enforcing quota for admission. 

 

Salim came to the apex court challenging a Madhya Pradesh High Court verdict that dismissed his plea against his school's norms. 

 

Pointing out that keeping a beard is accorded high importance in Islam, Salim said that every Indian is entitled to abide by his religious faith and doctrine and that no one should be prevented from doing so in a secular country. 

 

Salim's counsel Aftab Ali Khan contended that Article 25 of the Constitution guarantees every Indian the Fundamental Right to practise and profess his religion and follow its doctrines. 

 

Khan contended that the school principal's act of forcing the student to leave the school for keeping a beard was against 'the religious conscience, belief and custom of the student's family'. 

 

Khan said that when his client's Sikh colleagues in the school are allowed to keep a beard and sport a turban, the school's act of expelling a Muslim student for keeping a beard is a clear discrimination and violation of his fundamental right. 

 

Stating that the minority school should be 'reasonable and rational', Khan said his client was being 'harassed with some ulterior motive or due to some communal feeling, which is very harmful for society and for the nation as a whole'.

 

 



 



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 13 Replies

K.C.Suresh (Advocate)     25 March 2009

All students must keep the genral norms. Dress code, appearence code, ethical, conduct, charector that should not be waived for students in community basis.

Swami Sadashiva Brahmendra Sar (Nil)     26 March 2009

i agree with mr k c suresh.

Jithendra.H.J (Lawyer)     06 April 2009

Objecting to the remarks made by a Supreme Court judge over sporting of beards, a prominent Muslim cleric on Friday said the comments were against the Constitution and sought government's intervention on the matter.



The Shahi Imam of Delhi's Fatehpuri Masjid, Maulana Mufti Mukarram Ahmed, in his Friday sermon said Indian Muslims had no connection with Taliban and the remarks linking a beard to Taliban indicate negative feelings towards the community.



Ahmed demanded that a National Commission for Judges be formed to hear complaints against them and to check "if anything is being committed wrongly by our learned judges".



In a recent observation Justice Markande Katju had linked beards to Taliban, while rejecting a student's petition seeking quashing of a school regulation preventing him from sporting a beard.



"Justice Katju's remarks are against the secular Constitution of India and also indicate hidden feelings towards Muslims," Ahmed said.



"Muslims in India have no link to Taliban. They are Indian citizens and have legal and Constitutional rights to follow their religion," he said adding that the judgement is not tolerable in a secular country like India and appealed to the Union Law Minister, Prime Minister Manmohan Singh and UPA chairperson Sonia Gandhi "to intervene in the matter".

Jithendra.H.J (Lawyer)     26 May 2009

Senior Muslim clerics in India say they may appeal a Supreme Court decision that ruled against a Muslim teenager who wanted to grow a beard even though his Catholic school requires students to be clean-shaven.

The 16-year-old student, Mohammad Salim, had already lost a state court battle over his right to grow a beard, which he believes is required by his Islamic faith.

Salim’s lawyer, retired judge B.A. Khan, argued in the Supreme Court that keeping a beard was an indispensable part of Islam. “But you (Justice Khan) don’t sport a beard,” countered Justice Markandeya Katju, who with Justice R.V. Raveendran constituted the bench hearing the appeal.

Leading Muslim clerics were angry over Katju’s observation that growing a beard was akin to promoting “Talibanization” in the country.

“This is a shocking remark and has hurt the sentiments of community members. We are planning to file a plea against the verdict,” said Maulana Mehmood Madni, a member of India’s upper house of parliament and a Muslim leader.

He added that Indian Muslim scholars “are vehemently opposed to Taliban and its dangerous agenda. The (Supreme Court) verdict may affect our efforts to quell misconceptions about Islam.”

Another leading cleric, Zafarul Islam Khan, called Katju’s remarks “unfortunate.” “Growing a beard is ... part of the Muslim faith. Our organization will approach the court against the verdict.”

Katju, in the course of the arguments, said secularism could not be overstretched and “Talibanization” of the country could not be permitted. “We don’t want to have Talibans in the country. Tomorrow a girl student may come and say that she wants to wear a burqa. Can we allow it?”

Jithendra.H.J (Lawyer)     26 May 2009

Muslim student moves SC again

Supreme Court's judgment refusing a Muslim student's plea to sport beards in educational institutions by observing it would not permit 'Talibanisation of the country' has been challenged by the aggrieved youth by way of a fresh petition.

 

In his petition Salim, a student, had sought a review of the judgment and submitted that the observations on 'Talibanisation' had caused incalculable damage to the country's image and the judiciary, besides, hurting the sentiments of the Muslim community.

 

The student submitted through counsel Abdul Karim Ansari that the judgement needs to be reviewed afresh as the core issue of a Muslim's right to sport a beard as guaranteed by Article 25 was violated by the school.

 

Article 25 provides every citizen the right to practice his/her religion.

 

Salim, a student of Nirmala Convent Higher Secondary School, a government-recognised minority institution in Madhya Pradesh  had earlier challenged the institution's rule which prohibited students from sporting a beard in the school.

 

After the Madhya Pradesh High Court upheld the validity of the rule, Salim appealed in the apex court which dismissed his plea and observed that secularism cannot be overstretched and that "Talibanisation" of the country cannot be permitted.

Justice Markandeya Katju who was part of the bench with Justice R V Raveendran had observed, "We don't want to have Talibans in the country. Tomorrow a girl student may come and say that she wants to wear a burqa, can we allow it?"

The apex court then said a minority institution has its own set of rules and rights provided by Article 30 of the Constitution and the same cannot be breached by any person.

 

"If there are rules you have to follow. You can't say that I will not wear a uniform I will wear only a burqa," the bench had observed.

 

Challenging the said observations and judgement, Salim in his fresh petition submitted, "Observations of the judge regarding wearing of beard and burqa have done incalculable harm and damage to the country's prestige and image of its highly respected judiciary. These irrelevant and uncalled for observations have also triggered an avoidable debate on the right of the Muslim minority raising questions in the process on the manner and method of court functioning, besides hurting the feelings and sentiments of the community," the review petition stated.

 

The petition further stated the appeal against the high court order was passed without any proper reasoning as it involved a substantial question of law relating to a Muslim's right to sport a beard in an educational institution.

"The failure to do so constitutes a grave error of law and calls for a review of the impugned order," the petition added.

 

Jithendra.H.J (Lawyer)     26 May 2009

The Supreme Court (SC)'s judgment rejecting a Muslim boy's plea to sport a beard has evoked strong reactions from separatist groups and the clergy in Jammu and Kashmir.

B.B.R.Goud. ( Faculty)     06 June 2009

All students shall have to keep the genral norms and conditions such as Dress code, appearence code, ethical, conduct, character towards the discipline, which should not be waived for students in community basis.

(Guest)

TELL THE BOY GO AND STUDY IN ISLAMIC MADARASA THEN ONLY HE WILL COME TO KNOW WHAT IS LISLAMIC LAW?

THANK GOD THEY ARE NOT DEMANDING TO GROW BEARD  SHAHRUK KHAN, SALMAN KHAN AND SAIF ALI KHAN AS PER THE ISLAMIC METHOD. AND DEMANDING SANIA MIRZA WEAR BURKA AND PLAY THE GAME IN THE TENNIS COURT.  

 


(Guest)

EVEN YOU ASK THIS YOUNG MINOR BOY.

PLEASE PUT YOUR HANDS ON QURAN AND TELL THE TRUTH.

EVERY DAY HOW MANY TIMES  YOU ARE DOING NAMAZ (PRAYING) ?

IF SO ASK THE SCHOOL IS IT TRUE WHAT THIS MUSLIM BOY IS TELLING.

HE WILL VANISH FROM THAT AREA AND THAT PLACE TOO.

 

ABDUL SAMI ABDUL LATIF (TECHNICAL TRAINER)     19 July 2011

This is called Raai ka pahad, there are people all over the world who like to keep beard it is not only muslims who keep beard as a mark of respect to the directives from various school of thoughts. The schools and the educational institutes never had in their mind when framing the rules that the rule will be against, the basic philosophy is that student should not come to the school unshaven, in which case he will not look smart.

The simple point has been then taken by vicked minds as a tool to create either publicity or create hatred and destroy the communal harmony.

Every one knows including people those make this point an issue that there is nothing special about a human being with and without beard.

Supreme court judges using the word Talibanization is really very unpleasant and irrelevant because then based on that organizations or states can ban growing of beard. Is it not a fundamental right of human being to look good if he feels that beard makes him look good?

Talibaan wear shalwaar, so shalwaar shoud not be allowed by that formula I think.

  

1 Like

Democratic Indian (n/a)     19 July 2011

I agree. Very true "raai ka pahaad" has been made by school out of a non issue and further complicated by insenstivity of Supreme Court in this matter. Whether someone wants to grow a beard or no beard is totally a personal and religious matter.

Dinesh Rane (Sr Manager)     26 July 2011

Yes agree with you, keeping beard is totally personal choice. But if you going to school which abide by certain rules (and not laws) rules which expected to be followed by all the students, in such scenario that student must follow the rules of the school.

It is totally irrelevant to compare sikh beard with beard kept by muslims. In sickh community its compulsory and ritual to keep beard whereas in muslim its a matter of choice. Hence when it comes to matter of choice then particular student must obey school rules.

I think mr. katju pointed out that thing only, if beard is compulsory by religion then every muslim must have beard and if not compulsory then it must be abide by rules of school.

Saurabh..V (Law Consultant)     29 July 2011

In my view, unlike Sikhs with turbans, majority of muslims vary in their decisions and following the directives as mentioned by @ABDUL SAMI ABDUL LATIF.

 

If ALL muslims or atleast a majority or muslims, follow the same norm, it can be allowed and has to be respected as done with Sikh Religion, however, when only few muslims choose to do such overt acts, this has to be condemned.

 

Someone's faith in god could not be detered only because he does not have a beard. What about muslim women wearing mini-skirts on fashion ramps? In India I see majority of women NOT wearing burkha. What about them?

 

Sporting a beard in school, is only a communal remark to remind the others of the gap between them and the beard sporting student.

 

We should march towards union of thoughts and not divergent views leading to collision.

 

@Author

 

I appreciate your persistant follow-up on this news. Thumbs up

 

//peace

/Saurabh..V


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