Muslim whose beard was shaved in prison, wins lawsuit

THE prison authorities cannot shave the beard of an incarcerated person who has grown one as part of his religious belief. In making this ruling yesterday, Justice Prakash Moosai ordered former prison inmate Ansarie Mohammed of Barrackpore to be paid $7,500 for the emotional stress he suffered when as a Muslim, he had his beard shaved while at State Prison in Port-of-Spain, two years ago. The judgment delivered in the San Fernando High Court was described as a landmark one set to open new gateways in the development of local constitutional jurisprudence.

In ordering the State to pay Mohammed legal costs as well, Justice Moosai stated, “the applicant claimed to have suffered stress and inconvenience. Additionally, the applicant contends the shaving of his beard made him feel that he had betrayed his religion and also the mandates of God in carrying out his religious belief.” Mohammed, 35, was jailed for six weeks by a Princes Town magistrate in September, 2003, for failure to pay maintenance for the upkeep of his daughter. Mohammed claimed his beard was shaved twice while he was in jail. He lodged complaints with Prison Welfare Officer Gomez, Assistant Supt of Prison Murray and Prison Supt James.

Attorney Sunil Gosine filed a lawsuit for judicial review of the prison’s decision to shave Mohammed’s beard. The prison authorities, though served with the legal documents two years ago, failed to challenge the case when it came up several times for hearing last week. Moosai stated in a seven-page judgment that he adjourned the hearing from day-to-day last week for the prison to put in an appearance but they refused to do so. Moosai drew reference to Mohammed’s complaint of September 11, 2003, to Asst Commissioner of Prisons Rojas, of his head been shaved. When Mohammed requested he be allowed to grow his beard, the judge stated, “Mr Rojas informed the applicant that he had received no correspondence in the matter”.

Moosai stated it could be disputed that a convicted prisoner, despite his imprisonment, retains all civil rights. “Moreover, convicted prisoners do not forfeit all right to the protection of their fundamental human rights and freedoms guaranteed by the Constitution”. Moosai held that the prison authorities failed to adhere to Section 248 of the Prison Rules, Chapter 11 No 7, which states: “the hair of a Mohammedan shall not be cut except on the written order of the Medical Officer on account of vermin or dirt or on the grounds of health”. Mohammed, the judge held, was never examined by a medical officer while incarcerated.