As a student and teacher of constitutional law and political science, I can say it is indeed a bad judgment. The issue is not of secularism but of religious rights which is guaranteed by the Constitution of India. Beard is an Islamic injunction – only difference is whether it is obligatory (wajib) or a recommended meritorious act (Mandub). If someone fails to perform his duty, it cannot be an argument against another who wants to perform.
The judge has maliciously compared it with Talibanisation. His other argument is more provocative when he says “Tommorow a girl student may come and say that she wants to wear a burqa, can we allow it.” This is a totally senseless argument. If the girl wants to cover herself properly, how can that religious duty be denied? Islamic hijab can be put on without interfering with the prescribed uniform. This point the judge did not take care of.
The judgement should be reviewed.
Shah Abdul Hannan
Via E-mail