Undertrial need not cut hair grown for religious purposes: Madras High Court

“Since no steps have been taken on her (mother’s) representation and the respondents (authorities) are still compelling her son to cut his hair, the petitioner has come to this Court with this writ petition… Recording the submission of the learned counsel for State of Tamil Nadu appearing for the respondents and directing the respondents to strictly follow Rule 213(3) of the Tamil Nadu Prison Rules, 2024, this writ petition is disposed of. No costs,” the court said on August 24.

The mother also sought a direction to the superintendent of Central Prison, Palayamkottai, not to compel him to remove his moustache or tonsure his head, referring to his religious faith and the prison rules.

Mother moves court

The undertrial prisoner had allegedly been growing his hair for religious purposes. His mother’s grievance was that prison authorities were compelling him to cut it. The woman submitted a representation to the authorities on August 13 asking them to refrain from forcing him to do so. She said no steps were taken on the representation and approached the high court seeking appropriate direction to the prison authorities.

Justices A D Jagadish Chandira and B Murugesan directed the authorities to strictly follow Rule 213(3) of the state Prison Rules.

The respondents were the director general of prison (correctional services), Madurai Range, and the superintendent of Central Prison, Palayamkottai, Tirunelveli.

“It is the case of the petitioner that her son is an under-trial prisoner and that he has been growing his hair for religious purposes,” the court noted.

The plea invoked Article 14 (equality) of the Constitution and referred to the prisoner’s right to a decent life and religious faith. It also alleged that compelling him to cut his hair was contrary to the Tamil Nadu Prison Rules.

What prison rules say

During the hearing, D Venkatesh, counsel for Tamil Nadu appearing on the criminal side, submitted that Rule 213 of the Tamil Nadu Prison Rules governed the cutting of prisoners’ hair.

He said the authorities can insist on cutting hair or nails on medical grounds when necessary to maintain hygiene. He also referred to Rule 306, under which all prisoners are required to keep themselves clean. The state added that if a prisoner refused to comply with such regulations, it could become an offence under Section 45 of the Prisons Act.

However, in the present case, the state said the authorities had not compelled him to cut his hair but if its growth affected the hygiene of other prisoners, appropriate orders could be passed under Rule 213(3). The bench then directed the authorities to strictly follow the rule and disposed of the plea.