tidings
Jada Loutoo
A HIGH COURT judge has ordered damages for a Muslim man who was forced to shave his beard during his imprisonment and banned from engaging in religious activities in a religious discrimination claim against the state.
Judge Robin Mohammed ordered compensation in the amount of $200,000 for Imam Shazim Mohammed, who filed a lawsuit in 2005.
He claimed the violation of his rights to practice his religion while in prison and although the state accepted responsibility, when the case was transferred to Judge Mohammed in 2019, after being in abeyance for several years, he opposed the award of compensation.
In his ruling, Judge Mohammed said he was not of the opinion that the giving of statements was sufficient to justify violations of constitutional rights.
“The violation of these rights by the prison authorities by shaving the applicant’s beard and subsequently preventing him from engaging in religious activities had a direct effect and consequence on the applicant.
“In this respect, I find that more than mere declarations are required to provide effective relief to the applicant for the violation of his basic human rights.
“…In this case, there are clear references to distress and being psychologically and emotionally affected by the state’s discriminatory actions in both the affidavits in support and in the additional affidavits submitted by the petitioner.”
The judge referred to Mohammed’s evidence that his protests were rejected by prison authorities and the sanctions imposed on him, saying that while there were no medical reports to support his claim of distress, the court accepted he was suffering.
“In this case, there was discrimination and a clear denial of the applicant’s religious freedom to respect his religious beliefs and practices that deserve to be justified by monetary compensation,” he said.
It awarded compensatory damages on the upper end of $135,000 and compensatory damages in the amount of $65,000.
“…An individual does not lose his civil and constitutional rights simply because he is detained.
“Religious freedom and equality in the expression of the same are essential to our multicultural and multi-religious society, where every faith and race finds an equal place. To deny an imprisoned individual the freedom to enjoy and practice his religious beliefs and to punish him for his efforts to protect his basic human rights is an affront to his human dignity.
“I consider the actions of the prison authorities to be unsustainable, as they went beyond institutional inertia and appeared to be open, deliberate and motivated by malice. Such actions are highlighted and rejected sufficiently to avoid repetitions and violations of prisoners’ rights,” said Judge Mohammed.
In May 2001, Muhammad entered prison to serve a six-year sentence. He was released in May 2005.
His beard was shaved for the first time on May 25, 2001. At the time, he said he was unaware of his constitutional and legal rights.
The next time it happened in January 2002, he objected but was told by senior prison officers that they knew about the prison’s rules on Muslims, but his beard would still be shaved.
Prison rules stipulate that a Muslim’s hair and beard must not be cut except on the written order of a medical officer because of vermin, impurity or for reasons of health.
Mohammed said he was not examined by a medical officer nor did he have any dirt, lice or parasites in his beard at the time.
Further attempts were made to shave his beard and he was told that he would not be allowed to teach Arabic at the prison school or be around the school grounds or attend Eid prayer sessions.
He was then sanctioned until his release.
From July 9, 2002, to May 20, 2005, or 1,045 days, Muhammad was the only inmate who could not attend Friday prayers or attend Eid classes and attend the prison school, the ruling said.
He was not allowed to attend a total of 5,225 Muslim prayers (based on Muslims’ right to pray five times a day) and was also denied the opportunity to deliver the khutbah, or Friday sermon, on Fridays.
He was also prevented from performing services as an Imam in some of the prisons.
Muhammad claimed that he was psychologically and emotionally affected by the actions of the prison authorities as he felt that he was betraying his religion by not being able to practice his faith and religious rites.
He also felt he was discriminated against because he was Muslim.
Mohammed was represented by lawyer Sunil Gopaul-Gosine while Daniella Boxhill and Lianne Thomas represented the state.
