Case Note & Summary
The petitioner, mother of a life convict, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a writ of mandamus directing the prison authorities not to force her son Meenakshi Sundharam, son of Karuppanan (PID No. 274562), to cut or shave his hair on head and face. The petitioner stated that her son had taken a religious vow not to shave his head until he was released and to offer his hair to the family deity. She contended that forcing him to cut his hair would violate his religious faith and contravene Rule 208 of the Tamil Nadu Prison Manual, 1983. She had submitted a representation dated 16.08.2024, which she sought to be considered. The respondents were the Director General of Prison, Madurai Range, and the Superintendent of Central Prison, Palayamkottai, Tirunelveli. The court considered the submissions of both sides and the materials placed before it. The learned Additional Public Prosecutor appearing for the respondents submitted that Rule 208 of the Tamil Nadu Prison Manual provides for cutting hair to keep it clean and healthy, but it is always subject to the wish of the person. In this case, the convict had not been compelled to cut his hair and, till date, he had not trimmed his hair. The court reproduced Rule 208 in full, which states that every male prisoner sentenced to rigorous imprisonment for a longer term than one month or to imprisonment for life shall have the hair of his head cut or trimmed only to such extent and at such times as may be necessary for the purposes of health and cleanliness, unless he desires that it should be cut shorter. Hindus shall be allowed to retain Kudumi, dzuttu or top knot. The beard and moustaches of all such prisoners shall be either shaved or clipped, but the beard of Mohammedan prisoners may be left if so desired by them. The rule also provides that no prisoner sentenced to rigorous imprisonment for a month or less shall be subjected, against his wish, to hair cutting except to get rid of vermin or dirt or when the Medical Officer deems it necessary on the ground of health and cleanliness. The court analysed the rule and held that it is clear that except in a case where there is a serious health issue recommended by the Health Officer in Prison, the convict cannot be compelled to cut his hair. In the present case, the court noted that the prison authorities had not compelled the convict to cut his hair, as confirmed by a communication dated 02.04.2025 from the prison authority. Since no compulsion had been exercised, the court held that nothing survived for interference and dismissed the writ petition. The decision reinforced that prisoners cannot be forcibly subjected to hair cutting against their wish unless justified by serious health grounds under the Prison Manual.
Headnote
A) Prison Law - Hair Cutting of Prisoners - Rule 208, Tamil Nadu Prison Manual, 1983 - A prisoner cannot be compelled to cut or shave hair except on serious health grounds recommended by the prison Health Officer; cutting is permitted only to the extent necessary for health and cleanliness unless the prisoner desires it shorter; Hindus shall be allowed to retain Kudumi, dzuttu or top knot and Mohammedan prisoners may retain beard if so desired - The petitioner, mother of a life convict, filed a writ of mandamus to prevent prison authorities from forcing her son to cut or shave his hair against a religious vow to offer his hair to the family deity upon release; the State submitted that Rule 208 is subject to the prisoner's wish and the convict had not been compelled; the Court, after reproducing Rule 208, held that except in case of serious health issue recommended by the Health Officer, the convict cannot be compelled to cut his hair; as no compulsion had been exercised, the petition did not survive for interference - Held that the writ petition was dismissed (Paras 4-7).
Issue of Consideration
Whether a life convict can be compelled to cut or shave his head and facial hair against his religious vow and contrary to Rule 208 of the Tamil Nadu Prison Manual, 1983, and whether the writ petition survived when prison authorities submitted no compulsion had been exercised.
Final Decision
Writ petition dismissed. The court held that except in case of serious health issue recommended by the Health Officer in Prison, the convict cannot be compelled to cut his hair. Since no compulsion had been exercised by the prison authorities, nothing survived for interference.
Law Points
- Rule 208 of Tamil Nadu Prison Manual restricts compulsory hair cutting of prisoners to health and cleanliness purposes
- prisoners cannot be compelled to cut hair against their wish except on serious health issue recommended by prison Health Officer
- written request and orders required for voluntary cutting
- Hindus allowed to retain Kudumi
- dzuttu or top knot
- Mohammedan prisoners may retain beard
