Attorney Jayanti Lutchmedial has criticised what she referred to as archaic and oppressive laws of T&T, as it relates to tattoos in law enforcement agencies.
She was commenting on High Court Judge Frank Seepersad’s ruling on Tuesday that the T&T Police Service tattoo policy is unconstitutional, discriminatory and ill-advised.
Speaking with the Guardian Media on Wednesday, Lutchmedial said the judgment of Seepersad in the case of Dillion Ramraj reinforces the point that “policies which curtail rights and freedoms must have a rational connection to protection of the public interest.”
In early 2019, Ramraj visited the Police Training Academy at St James and was unsuccessful in his application to be recruited as a member of the TTPS.
Ramraj was disqualified from consideration because he had a tattoo on his left hand in or around the area between his thumb and index finger.
The tattoo depicts a small green Shuriken, more commonly referred to as a ninja star. This symbol is apparently synonymous with ninjas.
Justice Seepersad ruled that the facts of the case demonstrated with certainty that the tattoo policy, in its current manifestation, “is discriminatory and ill-advised.”
He noted that the tattoo policy in its current form, stands as an archaic, artificial administrative barrier which occasions significant prejudice.
“Its existence and implementation is unreasonable and cannot be justified in a modern democratic state,” he said.
Lutchmedial, who was one of the lawyers in Ramraj’s lawsuit, said, “The agencies and arms of the State are plagued by many problems, least of which is appearance and this focus on preserving colonial-era norms which are archaic and, in some cases, oppressive, is astonishing, especially throughout the protective services.”
“While ammunition and other paraphernalia belonging to law enforcement is being used in the commission of crimes, TTPS is before the court attempting to defend a policy to prohibit recruits from having tattoos,” she added.
“I have two deeply symbolic tattoos on my hands which are always visible in court and in Parliament and it has never affected the performance of my duties. It is the manner in which I choose to express myself and my beliefs, preserve memories and portray ideas,” she said.
She added, “I expect at least hope that going forward, that this judgment will have the effect of forcing public service agencies to examine their policies regarding dress code and other matters to ensure that there are no unreasonable and irrational encroachments on citizens’ rights which serve no purpose but to keep us stuck in the past.”
She also noted that there are matters currently before the court whereby the “must be clean shaven” policy of the Prison Service is being challenged by two practicing Muslims.
Displaying one of her tattoos, Lutchmedial explained that it is a “Satyameva Jayate” which comes from a Sanskrit mantra, which means “truth alone triumphs.”
She said, “My name Jayanti is a variation which means victory. It resonates with me because I believe in the pursuit of truth and justice. It’s a reminder to myself that in the end the truth wins and those who pursue the truth also emerge victorious,” she said. –Reporting by Rhondor Dowlat
