Yosef Rothstein

28.

 

Upon information and belief, John Doe #5 is a Correctional Officer at Fishkill.  

John Doe #5 is sued in his/her official capacity and individually for damages; John Doe #5 is 

directly responsible for restrictions imposed on Navdeep’s religious practices.  

29.

 

Upon information and belief, John Doe #6 is a Correctional Officer at Fishkill.  

John Doe #6 is sued in his/her official capacity and individually for damages; John Doe #6 is 

directly responsible for restrictions imposed on Navdeep’s religious practices. 

30.

 

Upon information and belief, the Department of Correctional Services receives 

federal funds to assist in the operation of New York’s correctional facilities. 

FACTUAL ALLEGATIONS 

31.

 

Navdeep is an Amritdhari Sikh.  Amritdhari Sikhs are men and women who have 

undergone the Sikh initiation ceremony, akin to a baptism, binding them to a life of discipline 

and piety.  An Amritdhari Sikh is regarded as having reached the highest level of religious 

commitment.  The following is a brief description of Sikhism and some of the requirements that 

Navdeep, as an Amritdhari Sikh, believes he must obey. 

I.

 

THE SIKH RELIGION AND ITS REQUIREMENTS FOR PLAINTIFF 

32.

 

The monotheistic Sikh religion was founded in India in 1469 by Guru Nanak and 

its practices were built upon the teachings of the nine Gurus who succeeded him.  Guru Gobind 

Singh was the last of the ten Gurus, and institutionalized the practices and beliefs of the faith.  

The teachings of Sikhism’s ten Gurus are enshrined in the Sikh Scripture, the Sri Guru Granth 

Sahib.  The Sri Guru Granth Sahib was first compiled in 1604, and finalized in the early 1700s 

before being bestowed the title of “Guru,” or eternal enlightener, in 1708.  Today, there are 

approximately 25 million Sikhs worldwide and it is one of the world’s largest religions. 

33.

 

Sikhs believe that the central teaching of the Guru Granth Sahib is a reflection on 

the ultimate Truth.  As a result, Sikhs believe that the Scriptures must be treated with respect and 

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are required to be stored in a clean place, kept covered when not being used and stored in an 

elevated location.  Any person who comes into contact with either the Scriptures or prayer books 

should have clean hands, their head covered and should treat the Scriptures with respect. 

34.

 

Since 1708, in keeping with Guru Gobind Singh’s direction, the Sikh religion has 

been guided by the Sikh Scriptures, and by the collectivity of Amritdhari Sikhs.  In addition to 

the teachings in the Scriptures, Amritdhari Sikhs must strictly follow the Sikh Code of Conduct 

and Conventions, known as the Rehat Maryada, and wear the prescribed physical articles of the 

faith, which are known as the “five Ks” – Kes, Kanga, Kara, Kirpan, and Kacchera. 

35.

 

Kes means uncut hair.  In keeping with Sikh requirements, Amritdhari Sikhs do 

not cut any of their hair, including the hair on their head, face and body.  Sikhs wear a turban, 

known as a dastaar, to cover their heads.  A Sikh should remain in contact with his turban at all 

times even when removing or changing the turban.  Furthermore, a Sikh should wash his hands 

before even touching his own turban.  The turban, on average, is five to six yards long.  Male 

Sikhs also wear a separate pre-turban underneath the turban.     

36.

 

Kanga is a wooden comb used for keeping the hair clean and to encourage 

cleanliness of the mind.  It is worn underneath the turban throughout the day. 

37.

 

Kacchera is an undergarment worn to remind Sikhs of their vow of abstinence 

from adultery.  

38.

 

Kara is a cast-iron or steel bracelet, worn on the right wrist, which signifies a 

Sikh’s bondage to Truth and freedom from every other entanglement.  A Sikh is required to wear 

the Kara at all times, including during prayer, work or when eating.   

39.

 

Kirpan is a ceremonial sword, symbolizing a vow to protect the weak and helpless 

and to righteously defend the fine line of the Truth. 

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40.

 

An Amritdhari Sikh is required to wear the five K’s at all times, with only limited 

exceptions.  For example, in order to avoid being without the Kacchera, a Sikh showers with it 

on.  After completing his shower, a Sikh removes only one leg of the wet Kacchera, puts on the 

first leg of a fresh Kacchera, and then removes the other leg of the wet Kacchera. 

41.

 

A Sikh’s personal life should also involve (a) altruistic voluntary service, (b) 

leading life according to the Gurus teachings, and (c) meditation on Naam (Divine Substance) 

and the Scriptures.  Sikhs believe that engaging in honest work is a part of the requirement of 

altruistic voluntary service. 

42.

 

A Sikh should wake up early in the morning – three to four hours before dawn – 

bathe, meditate and recite the morning prayers.  In addition to morning prayers, a Sikh is suppose 

to pray in the evening, and often needs to pray in the afternoon in order to finish all the required 

prayers.  A Sikh should meditate throughout the day. 

43.

 

A Sikh must not consume tobacco, hemp (cannabis) or any intoxicant and should 

not come into contact, even indirectly, with any of these substances.  Finally, a Sikh must 

maintain a strictly vegetarian diet and may not consume any meat from an animal (including fish 

and poultry), gelatin or eggs.    

II.

 

RESTRICTIONS ON NAVDEEP’S FREE EXERCISE OF HIS RELIGION 

44.

 

Navdeep was sentenced to five years of imprisonment on assault and weapon 

charges.  On January 26, 2005, Navdeep was taken into custody and sent to the Vernon C. Bain 

Center, a New York City Department of Correction (DOC) facility.  A correctional officer 

confiscated the two Karas Navdeep brought with him to the facility.  He was then transferred to 

another DOC facility, the Adolescent Reception and Detention Center (C-74) on Rikers Island.  

On February 14, 2005, Navdeep was transferred into the custody of the New York State 

Department of Correctional Services at Downstate Correctional Facility.   

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