On or about July 1, 2008, Sikh prisoner Jagmohan Singh Ahuja suffered an egregious violation of his religious rights when jail officers forcibly cut his hair in Duval County Jail. Jagmohan was recently informed by prison officials that his hair will be cut again, and he immediately contacted UNITED SIKHS to help stop the continued gross violation of his dearly held religious beliefs. UNITED SIKHS’ legal team and religious liberties experts are diligently working on this case, but we need your assistance. Sign the petition now to save Jagmohan Singh from further trauma and humiliation, and to change the discriminatory Florida prison regulations.
August 27, 2008
Governor Charlie Crist
The Capitol
400 South Monroe Street
Tallahassee, FL 32399
Re: Emergency Petition to Stop the Continuous Violation of the Rights of an Incarcerated Sikh and Change Discriminatory Prison Policies (http://www.unitedsikhs.org/petitions/jagmohan)
Dear Governor Crist:
We are writing you on behalf of the undersigned petitioners to immediately stop the repeated egregious and severe violation of the religious tenets of a Sikh prisoner, namely the forcible cutting of his
kesh (unshorn hair) and removal of his dastaar (Sikh turban). The prisoner, Jagmohan Singh Ahuja, is currently located at Duval County Jail in Jacksonville, Florida, and is serving a three year sentence for
misdemeanor violations.
Jagmohan Singh, who maintained his kesh (unshorn hair) and kept it covered with a dastaar (Sikh turban) prior to becoming incarcerated, went through the severely traumatizing process of having his dearest religious tenets violated when jail staff cut his hair on or about July 1, 2008. As he communicated to UNITED SIKHS, he does not recognize himself anymore, and it brings him constant and great grief. After having fled from religious persecution as a Sikh living under the fanatical Taliban in Afghanistan, Jagmohan has faced religious persecution again in the United States of America, the bastion of religious freedom and civil rights.
Prison staff has already alerted Jagmohan Singh that he will have his hair forcibly cut again within the next few days, and Jagmohan has said that this terrifies him. He sincerely hopes and prays that something will be done to stop this religious persecution.
We request your immediate attention and assistance to stop this egregious conduct. The cutting of Mr. Singh’s hair and removal of his turban has already caused great anguish within the Sikh community, and the repeated violation of Jagmohan’s faith will become the source of great strife within the 25 million members of the Sikh community worldwide and 500,000 Sikhs in the United States. It will also surely be cause of great concern for all peoples concerned with freedom of religion and protection of constitutionally guaranteed rights.
The requirement of kesh (unshorn hair, including all hair on the body) and a the wearing of a dastaar (Sikh turban), has been codified in the Sikh Code of Conduct (Sikh Rehat Maryada) which outlines the requirements for practicing the Sikh way of life. The Sikh Rehat Maryada explicitly instructs that if you are a Sikh, you must “have, on your person, all the time…the keshas (unshorn hair).” (Sikh Rehat Maryada, Section 6, Chapter XIII, Article XXIV, Section p). It also states that “[f]or a Sikh, there is no restriction or requirement as to dress except that he must wear…a dastaar [turban].” (Sikh Rehat Maryada, Section 4, Chapter X, Article XVI, Section t). Hence, a Sikh is never separated, under any circumstance, from his or her keshas or dastaar. kesh covered by a dastaar, is one of five articles of faith that a Sikh must maintain. The five articles serve to unify and bind a Sikh to the beliefs of their religion and to remind themselves of their commitment to Sikh teachings at all times. These articles of faith have deep spiritual significance.
Historically, kesh and the dastaar have been a central feature of the Sikh identity and Sikhs have faced severe persecution in relation to their unique identity in South Asia and elsewhere. For example, in the 17th and 18th century in undivided India, Sikhs were facing forcible conversion by tyrannous rulers and one of the methods used for forcible conversion was the cutting of a Sikh’s kesh (unshorn hair). As a result, the forcible cutting of the kesh is perceived as one of the most humiliating and hurtful physical injuries that can be inflicted upon a Sikh. Sikhs specifically remember those martyrs who willingly sacrificed their lives rather than giving up their kesh within their daily prayers. Jagmohan Singh’s need to keep his kesh covered with a dastaar must be understood in this context.
We are distressed to learn that Florida state prison regulations, unlike the regulations of the Federal Bureau of Prisons and of many other states, require prisoners to cut their hair, and allows prison officials to forcibly cut their hair if they refuse to do so. Chapter 33-602.101(4) of the Florida Administrative Code states that
“[m]ale inmates shall have their hair cut short to medium uniform length at all times….” The section also states that “[a]ll inmates shall be clean shaven, provided, however that an exemption from this requirement shall be granted on the basis of a medial diagnosis….” According to 33-602.101(5), if an inmate refuses to adhere to these grooming standards, even for faith-based reasons, “the officer in charge or a more senior official shall direct staff to shave the inmate or cut the inmate’s hair, or take other necessary action to bring the inmate into compliance with the grooming standards. When it is necessary to use force to carry out this task, the use of force shall be documented….”
The Federal Bureau of Prisons “Practical Guidelines for Administration of Inmate Religious Beliefs and Practices” (5360.01) clearly states that kesh and turban are allowed for Sikh prisoners. The New York State prison system also allows prisoners to maintain long hair, wear religiously-mandated beards, and wear religious head garb. If the safety of Federal prisons and state prisons in New York and various other states can be maintained while allowing Sikhs to practice their faith, we are at a loss to understand how the safety of prisons, county or state, in Florida would be compromised by the same practices.
In 2006, a Sikh prisoner was transferred to Florida and was at the risk of his hair being cut and having his religious rights violated. At that time Governor Jeb Bush and Florida Department of Corrections Secretary James McDonough intervened and stopped the violation of the Sikh prisoner’s religious rights, at the request of numerous organizations and concerned individuals. Thereafter, Governor Bush and Secretary McDonough assisted in having that Sikh prisoner transferred to Vermont where he was allowed to continue keeping his kesh and dastaar.
It is our opinion that no Sikh should ever have to endure the traumatic experience that Jagmohan Singh Ahuja has undergone while held at Duval County Jail. The prison sentence he is serving is the punishment that the judicial system and law provided for his offense. The additional punishment, trauma, and suffering he has endured from having his most dearest religious tenets violated is truly disturbing to any individual who respects the rule of law and our constitutionally protected religious freedoms.
We, the undersigned, sincerely and humbly request that you take immediate action to ensure that Jagmohan Singh does not suffer this egregious mistreatment again, and also request that any and all county jail regulations and the Florida Department of Corrections regulations be revised to ensure the religious tenets of Sikhs are not violated in the future.
We thank you for your immediate assistance with this matter.
Sincerely,
UNITED SIKHS, undersigned co-sponsors and concerned citizens worldwide.
Cc:
Walter A. McNeil, Secretary Department of Corrections, Florida
Mayor John Peyton, Jacksonville and Duval County
Director Gordon A. Bass, Department of Corrections, Duval County
Duval County City Council
Florida State Senators
Florida State Representatives