The American Civil Liberties Union (ACLU) and the Sikh Coalition filed a complaint of “religious freedom violations” with the Department of Justice after a Sikh inmate in Arizona was forced to shave his beard during the intake process. The joint complaint urges the Department of Justice to investigate the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) for their failure to adhere to both federal and state law by denying to provide religious accommodations or translation services.

The ADCRR requires all inmates to have a “clean-shaven” face during the intake process for their booking photos. The complaint argues that Surjit Sing tried to convey to prison officials in both Yuma and Phoenix that he needed an interpreter after he saw other inmates either shaving or being forcibly shaved. However, neither location provided him a proficient Punjabi speaker. Singh had reportedly relayed to Arizona’s prison officials “cut my throat, but don’t cut my beard.”

Surjit Singh was booked on August 21, 2020, in the Yuma County Jail after pleading guilty to reckless manslaughter charges after a fatal car accident in 2017. At the Yuma Facility, Singh’s turban was confiscated. He was then transferred to the Alhambra Reception Center “where corrections officers handcuffed, physically restrained, and – over a period of hours- forcibly shaved his beard despite his repeated objections.” Singh was then transferred to the Arizona State Prison Complex – Douglas, where prison staff tried for a second time to shave Singh’s facial hair because it had outgrown the ADCRR’s allowed length.

Singh had repeatedly requested a Punjabi translator during his transfers and intake processes. The complaint argued that the prison never complied with the request, a direct violation of not only federal law, Title VII of the Civil Rights Act, but also state law, the Arizona Department Order Manual, Arizona Department of Corrections Rehabilitation and Reentry Order “Inmate Regulations” Rule 2.3.1.

The complaint stated that “the incident caused him deep shame and mental trauma, including severe depression” as Singh “had never before cut, shaved, trimmed, or otherwise removed his hair.” It further urged an investigation to protect other inmates from such an “egregious incident.”

The Sikh Coalition was established to combat disinformation spread after the September 11, 2001, attacks against Sikh Americans. They defend the civil rights of Sikh Americans and educate the larger American community on Sikh values and beliefs.

In a statement by the ACLU of Arizona after filing the complaint, the group states “there appears to be no process in place for people incarcerated in Arizona prisons to seek a religious exemption from the rules governing beards.” Looking at other states across the country that do provide such accommodations, the organization criticizes ADCRR saying “there is no reason that the ADCRR can’t do the same.”

Sikhism follows the Rehat Maryada, or the Sikh Code of Conduct, which instructs all initiated Sikhs to wear a turban with their unshorn hair. The uncut hair, or Kesh, is considered as a symbol of an individual living in harmony with the will of God and is one of the five external articles of faith required by Sikhism. A turban is often a precious gift from an individual’s Guru and must always be worn to cover a Sikh’s head. It is a reminder of a Sikh’s duty to uphold the core beliefs and values of the Sikh faith.

ACDRR responded to the initial complaint that they had already issued “sincere letters of apology” to the inmate through the Sikh Coalition. The ACDRR further stated that the incident was “merely a miscommunication” and was done “with no ill will.” Arizona has since approved religious accommodations for Singh by returning his turban and allowing him to grow his beard and hair out for the remainder of his sentence in Tucson, Arizona.