(Trinidad Express) A High Court judge yesterday axed a long-standing colonial policy that prison officers must be “clean-shaven” in Trinidad and Tobago.
Justice Margaret Mohammed ruled that it is “outrageous” that in 2024, the Commissioner of Prisons is still applying this policy which has the effect of discriminating against prison officers on the basis of race.
“This conduct cannot be condoned in a multi-ethnic and inclusive society such as Trinidad and Tobago,” said Justice Mohammed as she quashed that policy, ruling in favour of prison officers who were represented by Anand Ramlogan, SC, of Freedom Law Chambers.
The Prison Officers Association’s constitutional claim was filed on behalf of its members to challenge what they said was an “oppressive” policy. In June 2023, Justice Mohammed granted an injunction restraining the Prisons Commissioner from taking any action to enforce a “clean-shaven” policy for employees in the service pending judgment.
Justice Mohammed delivered a 39-page judgment yesterday, saying this policy amounted to racial discrimination because of the adverse impact on officers of African and mixed-race descent.
The claim was brought by prison officer Lorenzo Marajh, who suffers from a predisposed genetic condition known as “pseudofolliculitis barbae” (PFB) whereby facial hair curls and grows back into the face.
It was argued by medical experts that forcing prison officers who suffer from this ailment to shave causes severe damage to their skin and leads to itchy, painful papules and pustules, post-inflammatory hyperpigmentation, scarring and keloid formation.
Discriminatory
policy
In her judgment, Justice Mohammed noted Section 4 of the Constitution provides citizens the right to equality before the law and the protection of the law, and the right of the individual to equality of treatment from any public authority in the exercise of any functions.
The judgment noted that Ramlogan had argued that the clean-shaven policy was discriminatory against persons of African origin or mixed race as those people are genetically predisposed to PFB, which amounts to direct and/or indirect discrimination on account of their racial origin.
Ramlogan further posited that part of the policy has been declared unconstitutional by reference to Muslim prison officers who are exempted from shaving because of religious grounds.
Justice Mohammed cited the “expert” evidence of Dr Naomi Dolly, a practising dermatologist in Trinidad and Tobago and New York, USA, who explained that PFB most commonly occurs in post-pubertal males with naturally curly hair, and that persons with African and mixed-race ancestry are most at risk, with prevalence rates of 45-83% due to genetic factors and hair characteristics.
Dolly stated that PFB is usually triggered by shaving, and that other hair removal techniques (waxing, plucking) may cause the same reaction—and there is no cure for this condition.
“In my opinion, Dr Dolly’s evidence has clearly demonstrated that there is a legitimate nexus between PFB and a person’s racial origin, as persons of African origin or mixed race persons have a higher predisposition to suffer with this disease.
“In this regard, the effect of the policy is that it discriminates against persons on the basis of race, as persons who are of African or mixed race origin are predisposed to PFB and are penalised, as they are forced into the position of seeking exemptions over a medical condition which they are genetically predisposed to,” stated Justice Mohammed.
The court also referred to the evidence given by Prison Officers Association general secretary Lester Logie, who said he received many complaints from prison officers who suffer from PFB, and the vast majority of these complaints were from prison officers of African descent and mixed race.
He explained the challenges they face in being forced to get a medical exemption from a qualified dermatologist, in adherence with the policy.
The judgment noted that Logie also shared that he suffers from PFB, and shaving causes the skin on his face to become inflamed and itchy.
Logie had also referred to an incident at the Port of Spain Prison in 2022 where acting Deputy Commissioner of Prisons Forde instructed an officer, Brathwaite, to immediately go and shave his face, even though he had a medical exemption from shaving.
Logie testified that after shaving upon instruction, officer Brathwaite suffered a serious breakout and his face was visibly swollen.
The judge rejected the evidence of Prisons Commissioner Deopersad Ramoutar, who said the policy has been in place from time immemorial in the Prison Service, and its purpose was to ensure a uniform look among prison officers in the service, and maintain good order, discipline and hygiene.
Justice Mohammed said there was no evidence that the functions and duties performed by prison officers were hindered by facial hair.
“Given the multi-ethnic and inclusive society of Trinidad and Tobago and the respect for all ethnicities and religions in the 21st century, a beard can be kept while still maintaining high standards of appearance,” she said in her judgment.
The judge said she was of the view that there is a significant imbalance between the right of the claimant (Marajh) and other persons of African or mixed descent, and the objectives of the policy, which makes it disproportionate.
“As a consequence, the policy infringes the Claimant’s constitutional right to equality of treatment and protection of the law, as he is being treated differently when compared to other prison officers on account of a condition that is linked to or is a by-product of his racial origin and genetic makeup,” she said.