Delhi High Court Questions Rule Disqualifying Candidates From Armed Forces Over Right Forearm Tattoo

The Delhi High Court has questioned the Rule of disqualifying a candidate from the Indian Armed Forces citing mere presence of a tattoo in the right forearm, but not in the left forearm. A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla referred to the guideline on the issue and said that the authorities did not find anything amiss if the tattoo is on “traditional sites of the body like inner aspect of the forearm” but were agreeable to the tattoo being only on the left forearm and not on the right forearm.“This appears to be because of “the present young generation is considerably under the influence of western culture” and engraving of skin art,” the Court noted from the guidelines. The Bench was dealing with a plea filed by one Vipin Kumar, challenging his disqualification from the post of Motor Mechanic Vehicle in the Central Reserve Police Force (CRPF). Kumar was disqualified from appointment owing to a tattoo on his right forearm. He took a stand that if he is allowed, he will undergo surgery to remove the tattoo.Perusing the guidelines issued by the Union Ministry of Home Affairs, the Bench said:“Prima facie, we do not understand how the mere presence of a tattoo on the right forearm of a candidate can disqualify him for recruitment to the Forces.”As per the guidelines, tattoos depicting religious symbol or figure and the name, as followed in Indian army, are permitted.Regarding the location, the guidelines state that tattoos marked on only left forearm, being non saluting limb or dorsum of the hands are to be allowed. The size of the tattoo has to be less than ¼ of the particular part (elbow or hand) of the body.Questioning the basis of the Rule, the Bench issued notice to the authorities and sought response in the matter. “As, prima facie, we are of the view that the basis for disqualifying the petitioner may be questionable, issue notice to show cause as to why rule nisi be not issued,” the Court said. The matter will now be heard on November 17.Title: VIPIN KUMAR v. UNION OF INDIA AND OTHERSClick here to read order

Delhi High Court Questions Rule Disqualifying Candidates From Armed Forces Over Right Forearm Tattoo

Nupur Thapliyal

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