Holding that sporting facial hair was a matter of personal choice and not a religious ‘compulsion’ under Islam, the Punjab and Haryana High Court on Wednesday dismissed the petition of two Muslim officials of the Indian Air Force who had sought permission for growing a beard while in service. Aftab Ahmed Ansari, leading aircraftsman, and Mohammad Zubair, a corporal, had argued that their religion did not allow them to shave off their beards when they were refused permission to keep their facial hair by the IAF. Making it clear that sporting a beard was not an integral part of Islamic religious beliefs, Justice Permod Kohli held that if the members of a disciplined force were permitted to behave according to their own whims, it would result in utter chaos. “Growing a beard, at the most, can be stated to be a personal choice and the same is not a compulsive requirement of a person professing Islam. Yet even if it is presumed to be so, it can be regulated and restricted if public order, morality and health so requires,” said Justice Kohli in his detailed judgment. Citing issues of national security, the High Court further stated: “The Air Force is a disciplined force like other forces such as the Army, Navy or even the police. Facial identity of every member of service is important, particularly in uniform. This is particularly relevant in view of growing militancy in our country. The regulation relied upon by the petitioner clearly provides that no member of the force can grow a beard without prior permission.” Ansari had joined the IAF as an airman on December 19, 2001 and was promoted to the rank of leading aircraftsman in August 2004. A year later, he sought permission to sport a beard, but was denied and told that he would be discharged as mentally unfit if he did not shave it off. Aggrieved at the denial, Ansari took a leave of 40 days from June 20, 2005 and reported back on August 1. He returned with a beard and was again directed to shave it off, but he protested and another warning was issued to him on September 20. It was then that he moved the High Court. Advocate Navkiran Singh, defence counsel for Ansari, had argued that he should be allowed to keep his beard as his religion did not allow him to shear it. Singh had further submitted that as per police directions, a Muslim can sport a beard if given permission. The High Court had then directed the Air Force officials not to take any coercive action against Ansari. The stay on the issue continued till Justice Kohli finally dismissed the petition.
