HRCM seeks to stop non-consensual haircuts for prisoners
The commission suggests revising prison regulations to make the cutting of hair, beard, and scalp entirely voluntary for prisoners and detainees.
Human Rights Commission of the Maldives (HRCM) has proposed revisions to the current rules governing the grooming of prisoners, following allegations that inmates who refuse to cut their hair without consent are being denied access to rehabilitation programmes and parole opportunities.
The commission's Legal and Policy Department recently published a review paper addressing the issues related to the compulsory cutting of male prisoners' hair and beards.
The review follows several cases submitted to the HRCM, including a complaint from a prisoner at Maafushi Prison who claimed he was forced to cut his hair against his will.
Another case involved the forcible beheading of a prisoner without consent, during which the inmate was allegedly subjected to torture.
According to Article 8(h) of the current Code of Conduct for Prisoners, male prisoners are required to have their hair cut to a length of no more than two centimetres, while their beards must be trimmed to no longer than two inches.
However, the Prisons and Parole Act of Maldives does not explicitly mandate hair cutting as a compulsory part of the prison's ethical standards, creating a legal grey area that the HRCM has now sought to clarify.
The commission's review paper states that there is no legal authority to enforce hair cutting as part of a prisoner's conduct or to link it to disciplinary measures, rehabilitation, or parole decisions.
The commission argued that the act of cutting hair should be voluntary and should not influence a prisoner's chances of completing rehabilitation programs or obtaining parole.
In light of these findings, the HRCM has proposed six key reforms to the current policies surrounding prisoner grooming:
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Abolition of Article 8: The HRCM recommends the deletion of Article 8 of the Code of Conduct, which currently governs the grooming of male prisoners. The commission argues that grooming, particularly hair cutting, is a matter of personal hygiene and should not be subject to mandatory enforcement.
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Voluntary hair cuts: The commission suggests revising prison regulations to make the cutting of hair, beard, and scalp entirely voluntary for prisoners and detainees. The choice to maintain personal grooming should rest solely with the individual unless there are legitimate health concerns.
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Separation of hygiene from punishment: The paper emphasises that personal hygiene issues, such as grooming, should not be linked to morality or behaviour and should not influence a prisoner’s participation in rehabilitation programmes or eligibility for parole.
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Protection of consent: The HRCM recommends a clear rule that no prisoner’s hair or beard should be forcibly cut without his consent, except in cases where there is a health risk, such as the spread of infectious diseases. In such cases, any grooming should be done only on the advice of prison health officers.
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Dignified treatment: If hair cutting is required due to health concerns, it must be carried out in a manner that preserves the human dignity of the prisoner.
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Respect for religious beliefs: The commission proposes that prisoners who refuse to cut their hair or beard for religious reasons should have their beliefs respected and should not be forced to comply with grooming standards that conflict with their faith.
The HRCM’s review also referenced international guidelines, such as the United Nations Mandela Rules, which emphasise the importance of treating prisoners with dignity and respect, regardless of their appearance.
The commission compared the Maldivian prison policies with those of other democratic countries, many of which allow prisoners to choose their grooming practices as long as they do not pose a health risk.
