WP Crl.(MD) No.280 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.280 of 2025 S.Keerthana ... Petitioner -Vs- 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, Madurai District. 2.The Superintendent of Central Prison, O/o.Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli. ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent No.2 not to force the petitioner's husband Bose @ Subash Chandra Bose (CP No.4980) to cut-off and shave his hair on his head and face against his religious faith and contra to Tamil Nadu Prison, Manual Rules, 1983 by considering the petitioner's representation dated 24.02.2025. https://www.mhc.tn.gov.in/judis WP Crl.(MD) No.280 of 2025 For Petitioner : Mr.A.Nresh Prabu For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor ORDER (Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The wife of the life convict is before this Court seeking issuance of a writ of mandamus directing the prison authorities not to force her husband to cut-off and shave his hair on his head and face against his religious faith for the purpose of health and cleanliness stating that she has decided to sacrifice her husband's hair before her community god once after he released from prison. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned Additional Public Prosecutor appearing for the respondents/State states that Rule 208 of Tamil Nadu Prison Manual provides for provision to cut hair and keep it clean and healthy. However, it is always subject to the wish of the person and in this case, the convict is not compelled to cut his hair and till date, he has not trimmed his hair. Page 2 of 6 https://www.mhc.tn.gov.in/judis WP Crl.(MD) No.280 of 2025 4.Rule 208 of the Tamil Nadu Prison Manual reads as follows: "208.Rules regarding the cutting of hair, exceptions:--(1)Every male prisoner sentenced to rigorous imprisonment for a longer term than one month or to imprisonment for life shall, on final confirmation of the sentence , or expiry of the period of appeal without an appeal having been preferred(provided the unexpired term of such prisoner’s sentence at that time exceeds one month) have the hair of his head cut or trimmed only to such an 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. The beard of Mohammedan prisoners may be left if so desired by them. In this reule, ‘’final confirmation of the sentence’’ means the decision of an appeal under Chapter XXIX of the Code of Criminal Procedure, 1973(Central Act 2 of 1974). (2)No prisoner sentenced to rigorous imprisonment for a month or less shall be subjected, against his wish, to the operation of hair cutting except to get rid of vermin or dirt or when the Medical officer dems it necessary on the ground of health and cleanliness and then he hair shall not be cut closer than may be necessary for the purpose in view. Page 3 of 6 https://www.mhc.tn.gov.in/judis WP Crl.(MD) No.280 of 2025 (3)Nothing in this rule shall prevent the cutting, trimming or shaving of the hair of any prisoner at any time at his own request and under the written orders of the Superintendent or if necessary on medical grounds and under written directions of the Medical Officer.’’ 5.Therefore, it is clear that except in case where there is serious health issue, recommendation by the Health Officer in Prison, the convict cannot be compelled to cut his hair. 6.In this case, the prison authorities has not compelled the convict to cut his hair and that has been the submission in the communication, dated 11.03.2025 by the prison authority. Therefore, this Court is of the view that there is nothing survives for this Court to interfere with. 7.Accordingly, the Writ Petition stands dismissed. [A.D.J.C., J.] & [R.P., J.] 25.06.2025 NCC : Yes / No Index : Yes / No am https://www.mhc.tn.gov.in/judis WP Crl.(MD) No.280 of 2025 To 1.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison Campus, Madurai District. 2.The Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page 5 of 6 https://www.mhc.tn.gov.in/judis WP Crl.(MD) No.280 of 2025 A.D.JAGADISH CHANDIRA , J. AND R.POORNIMA , J. am WP Crl.(MD)No.280 of 2025 25.06.2025 https://www.mhc.tn.gov.in/judis