Tattoo removal scar not a ground for disqualification in CAPF, Assam Rifles: Rajasthan High Court

The Rajasthan High Court recently ruled that a candidate to the Central Armed Police Forces (CAPF) and Assam Rifles cannot be disqualified as medically unfit on the sole ground of existence of a scar from removal of tattoo [Union of India vs Sanyogita]..A Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman also said that mere existence of tattoo by itself is not a ground for disqualification but the size and the place of body where it is inscribed is relevant for deciding the aspect of medical unfitness.“Merely because the scar happens to be on the inner right forearm, that by itself cannot be treated to be a case of medical unfitness for the simple reason that existence of scar as such is not a ground for medical unfitness. In other words, the scar of removed tattoo and the scar for any other reason like injury etc. cannot be treated differently,” it added..The Court was hearing an appeal moved by the Central government against a single-judge’s order directing the authorities to appoint a candidate as a Constable (General Duty) despite the presence of tattoo removal scar on her right forearm and the back of her right hand. It was the Centre’s argument before the division bench that tattoo marks are attributes of medical unfitness and that the single-judge could not have interfered with the Medical Board’s decision to declare the candidate unfit..The Court examined the guidelines issued by the Ministry of Home Affairs on the subject and found that tattoo marks are not only considered distasteful but are stated to distract from good and discipline of the forces.However, the Court said there was no absolute prohibition in having a tattoo mark as the provisions carve out exception in certain cases.“Firstly, the tattoo depicting religious symbol or figure and the name are to be permitted. This is being allowed in the CRPF consistent with the practice which has been followed in the Indian Army. This fact has been clearly stated in the provisions itself. Thus there is no absolute prohibition in having tattoo mark,” it reasoned..It also noted that there are provisions which deal with location and size of the tattoo which may render a candidate medically unfit.The tattoo marked on traditional sites of the body like the inner aspect of the left forearm - being non saluting limb, or dorsum of the hands are permissible, it added.With regard to the size, the Court noted that size must be less than 1/4 of the particular part (elbow or hand) of the body.“Therefore, tattoo inscribe is a ground of medical unfitness only in certain conditions. In all other cases, it is not a ground to declare a candidate medically unfit,” the Court held..The Court, thus, opined that if the tattoo mark has already been removed and a scar is left behind, it will not be within the teeth of the disqualification clause.“In the absence of there being any ground of medical unfitness only on the ground of there being scar on the inner aspect of right forearm, disqualifying a candidate on the ground of there being by a scar of removed tattoo, will result in hostile discrimination as classification is not based on any rational integra and such discrimination would render it unconstitutional being violative of Articles 14 and 16 of the Constitution of India,” the Court said.Therefore, the Court agreed with the reasoning of the single-judge and said that the rejection of the candidature in the present case had rightly been struck down..Deputy Solicitor General Mukesh Rajpurohit represented the Union of India.Advocate NR Budania represented the candidate.[Read Judgment]