Jacksonville, Florida: Sikh prisoner Jagmohan Singh Ahuja was subjected to inhuman treatment when, on or about July 1, 2008, jail officers forcibly cut his hair in Duval County Jail.
It is against a Sikh's religious practice to cut his/her hair, as kesh (unshorn hair) covered by a dastaar (Sikh turban) is one of five articles of faith which a Sikh must keep at all times. Jagmohan was recently informed by prison officials that his hair will be cut again. Sikh organisations are now reaching out to end this gross violation of human rights.
When Jagmohan Singh initially became aware that it was possible his religious rights might be violated, his hair would be forcibly cut by the jail, he requested his public defender to file a motion with the Duval County Circuit Court. In the motion, Jagmohan asked the public defender to present evidence of the significance of kesh (unshorn hair) for Sikhs. The motion was denied by Judge Russell Healey. Jagmohan again protested the cutting of his hair on the day of the incident when the correctional officers at the jail informed him his hair would be cut, by force if necessary. After officers contacted the Circuit Court Clerk for guidance on the matter, Jagmohan's hair was cut.
"Despite my opposition, my hair and beard were cut even after I made clear my religious beliefs and traditions. This was very traumatic to me especially because I came to the States in an attempt to avoid religious persecution," Jagmohan Singh said.
Jagmohan Singh's mother, who resides in England, received correspondence from her son stating that he had become severely depressed since his hair was cut, and that he did not recognize himself in the mirror. The sad irony about Jagmohan Singh's situation is that he narrowly escaped religious persecution under the Taliban in Afghanistan, where Sikhs were not allowed to practice their religion freely under the tyrannical regime. Jagmohan fled to America in 2001 on the basis of religious persecution, only to have his dearest of religious rights violated while serving a sentence for a misdemeanor offense.
The law in Florida is not favorable to Jagmohan Singh's position. Though the Bureau of Federal Prisons and many states allow the keeping of religiously mandated head-dress, long hair, and beards in prison, current Florida prison regulations allow no such religious exemption or exception on the basis of security concerns. These regulations have been repeatedly upheld by Florida courts.