New Delhi, Janaury 23: A new part has been added to the prevailing burqa row across countries when it was argued by the counsel of one M Ajmal Khan before the Supreme Court of India, that it was against the tenets of Islam for a Muslim woman to get photographed without a veil (burqa) as the Holy Quran laid down that Muslim women wear burqa and cover their faces. The face of a Muslim woman can only be seen by her husband or close relatives.
He further added that election commission should not take photographs of Muslim women without veils or unveiled photographs should not be given to any other person. As such a law violates Article 25 of the Constitution that guarantees right to practice any religion of one’s choice. He claimed that askingMuslim women to show their face to electoral agents and election officers would hurt their religious sentiments.
M Ajmal Khan has challenged an election commission of India’s order asking voters to get them photographed for election rolls. Earlier the Madras High Court had dismissed Khan’s petition holding that wearing of `purda’ did not form part of Islam. Madras High Court ruling has made it essential for purdahnasin (veiled) women to get themselves photographed.
The Supreme Court set aside the objection of M Ajmal Khan against the Election Commission’s directive asking Muslim women to show their faces to be photographed as part of electoral roll verification.
Giving a choice to the petitioner to either vote or preserve his religious sentiments, the Bench of Chief Justice KG Balakrishnan and Justice Deepak Verma said, “If you have such strong sentiments, if you do not want to be seen by members of the public, then do not go to vote.”
“Religious sentiments cannot override statutory rule”, it said adding “voting is a statutory right and if you want to vote your photograph is necessary.”
“What these women would do if they were to contest elections,” the bench asked Khan’s counsel, pointing out that during elections, posters carrying photographs of candidates are put up all over a constituency. The Bench noted, that “Can anyone contest an election saying photograph of her face not be taken? Can she be photographed in aburqa and yet contest election. You cannot go with burqa to vote. It will create complications.”
The Supreme Court had in 2006 issued notices to the Election Commission on a Special Leave Petition (SLP) against the High Court judgment upholding the EC’s decision to release electoral rolls with photographs of voters, includingMuslim women.
Counsel for Tamil Nadu Election Commission mentioned that petitioner wanted to create confusion at the ground level. He said the voter identity cards and electoral rolls he had objected to had been prepared in Puducherry, Kerala, Andhra Pradesh, Karnataka and the rest of the country. Nowhere didMuslim women object to the EC order. Moreover, Muslim women get photographed for passports, he said
The Bench, which posted the matter for final hearing after two weeks, said the photo identity card is necessary for the election purpose.
–Agencies