America
Sikh student can join US army with beard, turban
By
By Arun Kumar Washington, June 16
A Sikh college student
will be able to join the US Army, without being forced to cut his hair,
shave his beard or stop wearing his turban thanks to a Washington court
ruling.
District Court Judge Amy Berman Jackson ruled last week
that the Army violated Hofstra University student Iknoor Singh's rights
when it refused to let him compete for a spot as a contracted member of
his college's Reserve Officer Training Corps programme.
"The
court finds that defendants have failed to show that the application of
the Army's regulations to this plaintiff and the denial of the
particular religious accommodation he seeks further a compelling
government interest by the least restrictive means," the judge wrote.
She
added that the Army's refusal to permit Singh to enrol while adhering
to "articles of faith" that include his hair and turban "cannot survive
the strict scrutiny" of the federal law.
The Army has given "tens
of thousands of exceptions" to its grooming and uniform policies, the
judge wrote, and made "successful accommodation of observant Sikhs in
the past," noting several who have served with distinction, receiving
commendations.
Jackson said the Army's own research contradicted
deputy chief of staff Lt. Gen. James C. McConville's opinion in denying
Singh's enrolment request.
McConville and other Army officials
had contended the articles of faith would have an adverse impact on unit
cohesion and morale, discipline and health and safety.
Singh, a
resident of Queens in New York, who plans to enrol in the ROTC programme
in autumn, told Newsday in a phone interview Monday: "Being told no a
handful of times, I didn't give up."
"I had faith and let things
play out," he was quoted as saying. "I'll be going on weekend field
exercises, which I wasn't previously able to do. I'm very excited about
that."
The American Civil Liberties Union and advocacy group
United Sikhs filed the lawsuit in November, saying the Army's denial
violated the Religious Freedom Restoration Act, which gives protections
for religious-based exercises.
Army spokeswoman Cynthia O. Smith
said in a statement: "The Army is currently examining the court's
ruling. The Army takes pride in sustaining a culture where all personnel
are treated with dignity and respect and not discriminated against
based on race, colour, religion, gender and national origin."
The
Army last year rejected Singh's request to enrol in the ROTC programme,
saying the student had to comply with the service's grooming and
uniform policies before they would consider his request, according to
the judge's ruling.
Hofstra, in a statement, said it supports
"Singh's desire to serve his country, as well as his right to religious
expression and practice. We are pleased that the courts have affirmed
that he can do both as a member of the ROTC."
(Arun Kumar can be contacted at [email protected]