World | Updated Jun 24, 2009 at 09:14pm IST

Ban on burqa, violation of women's rights

The French National Assembly decided on Tuesday to set up an inquiry into the rising number of Muslim women who wear the burqa (traditional veil worn by Muslim women) after President Nicholas Sarkozy spoke out against the full Islamic veil in Parliament. From crucifixes to turbans to the burqa now, across many western countries, there appears to be a discomfort over the overt display of religious identity.

CNN-IBN show Face the Nation debated: Should Muslim women be denied the right to wear the burqa?

The panel included Majlis-e Ittihad al-Muslimin (MIM) Member of Parliament Asaduddin Owaisi; Social Activist and author Sadia Dehlvi and French Journalist Constantin Simon.

The question many are asking is the basis of the statement by President Sarkozy denouncing the burqa as a symbol of subservience. Is it based on the western understanding of the burqa as a symbol of radicalism?

French Journalist Constantin Simon said that he did not think that it was a western attitude.

“It’s a French attitude or behaviour because in France, there are specifics which are not in other western countries. Almost 100 years ago, a clear separation of the state and religion was made in France, which is not the same in other western countries. In the United States, you have ‘In God We Trust’ printed on a bank note but that would not be possible in France. Not at all. Because in France, the state not only has to protect every religion, but also protect many people who considers themselves as non-religious. So that is why Nicholas Sarkozy made this statement against the burqa because in France the burqa in something that is against the rights of women,” defended Simon.

Many say that the argument does hold water in that an overt display of religious symbols runs the fear of ghettoisation or even the possibility of assimilation becomes lesser, and therefore on the long run, could be dangerous and therefore the argument is fair.

Sadia Dehlvi did not agree with the argument. She said, “I think the statement is rather unfortunate and a bit extreme. I think the decision to wear a burqa or not should lie with the woman. I am completely opposed to it if it is the Taliban who are forcing it. That is a form of oppression, and denying women the right to what they want to, even if it is a hijab (head scarf) or a burqa is also a form of oppression.

If you were to see it in the context of France being against an overt display of religious symbols even when it came to the turban and kirpan (curved dagger used by Sikhs) or the crucifixes, would that be acceptable?

Dehlvi thought that it as very much on the same line of banning turbans and banning religious symbols. She went on to say, “Interestingly, even Turkey, which is a Muslim country, has also done it. But, in a country which claims to be a secular and democratic, I think it is an infringement on basic human rights of a woman to dress how she wants to.”

The argument in France has been that the country’s constitution clearly separates the state from the religion and that religion cannot impinge upon the running of the state and therefore they believe that an overt display of religious identity will only end up creating problems for assimilating such people into the French society.

At this point Asaduddin Owaisi responded by saying, “What Mr Sarkozy has said is gross ignorance of Islam. Was hundreds of years of colonisation of Tunisia and Algeria, a French thing to do? What about the universal declaration of human rights? Why does not Sarkozy talk about the Christian nuns? Why does not Sarkozy talk about the skull caps worn by the Jews? It is a French culture?

“You think that the French are destroying every thing but I think what Sarkozy is doing by these statements and perhaps a law which will finally appear in Parliament is not to destroy certain things but to protect some things,” defended Simon.

Dehlvi reiterated saying that the women should not be imposed on something like what they should wear or not wear.

Taliban in reverse?

There is the argument that it is not always the women’s right or out of her own choosing that she wears the burqa. It could be because of coercion or pressure?

Owaisi was prompt to reply against the argument saying, “Of course they wear it on their own accord. burqa is a religious symbol as far as a Muslim women are concerned. They wear it because the Quran tells them to. Is Sarkozy happy with gay marriages?”

Dehlvi added, “burqa is a cultural expression than a religious expression, many modern Muslim women are happy to wear the burqa because it is an expression of Muslim identity.”

Post 9/11, racial profiling has seen more and more second and third generation immigrants of many societies in the United States and United Kingdom actually wearing religious identity on their sleeve as a matter of protest.

Simon said, “Perhaps there are some who wear a burqa to protest or there are some who are obliged to wear the burqa when they don’t want to. But I think it is not a political or a religious question, because the Quran doesn’t talk about burqa.”

Modesty code for women?

Member of the planning committee Shahida Hameed says the modesty code in Islam just don’t apply to women, it applies to men as well. Nobody really bothers with that injunction when it comes to enforcing it on men?

Owaisi agreed with Shahida Hameed’s statement saying that she was right. But he questioned saying, “Can Sarkozy say that Muslim women should not wear burqa? What about the human rights declaration?”

Doesn’t Sarkozy’s remark a contrary to the democratic right to a citizen living in France? Is there going to be a ban on the skull cap worn by the Jews?

At this, Simon responded by saying that the skull cap as a hindrance in social behaviour or communication but a burqa is a hindrance for communication as far as France is concerned. burqa is against social life in France.

The Chief Justice of the Peshawar High Court had passed an order that none of the women lawyers appearing in his court will be wearing the burqa because he believed that it actually hampered their performance in court.

Owaisi said that it was totally an illogical statement to say that a skull cap is okay to wear whereas a burqa is not.

“Modesty, vulgarity are perceptions, you don’t liberate women by putting them into pants and skirts. They might not choose to socialise. They might have their own social circles. Certainly, you cannot but a stick and say that this will be our law,” added Dehlvi.

Tradition versus secularism

Turkey has been compared to France’s staunch separation of the state and religion as it were. A Gallup poll conducted in Turkey showed that majority of women supported freedom of religion in their country which also included an overt display of religious symbols to be introduced in the constitution. Is this an enforced secularism?

Simon said, “The country is an interesting example of mixed religious country. The country gives freedom to all religions at the same time the state is completely separated from it. It is the same in India too.”

Dehlvi added that all these were semantic religion, religion of the Abrahamic faith. They all have a tradition whether it is the Jews or the Muslims or Christians.

“There is always a head scarf in Virgin Mary’s statue. Most of the Christians when they go to church, cover their head. Likewise, the burqa is more to do with local culture like the ababa (Arabian dress) in Arabia, chaddar (top sheets) in Pakistan, the phiran (Kashmiri clothing) in Kashmir.

burqa is not religious, it is cultural. When a Muslim woman comes to France she should be not wear the burqa as a mark of respect to the French tradition, added Simon.

But many Muslims are viewing this as an impinging on their religious rights.

"Not at all. Because the statement of the chief of Parish Mosque has made it clear that the mention of burqa is not in the Quran. Therefore, it is not compulsory to oblige to that. It has nothing to do in France as it is not a French tradition,” said Simon.

On asking what he had to say to this, Owaisi reacted by saying, "Why then did Sarkozy had to make this statement? He had to make a statement because throughout Europe you are seeing revival of Islam. These are the colonial countries which went there to disperse Islamic culture and Islamic heritage whether in Tunisia or Algeria. All the people of Tunisia and Algeria are coming to France living as French citizens and equally proud in their Islamic identity. Why do you have to worry about it? Has France become a theocratic state?"

Simon defended by saying, "In France we have no religion. The state is totally separate. Perhaps you just have to understand France."

The final words came from Dehlvi saying, "There shouldn’t be dress codes for women. Let them wear what they want to and be happy in wearing them."

The final results of the SMS poll: Should Muslim women be denied the right to wear the burqa?

63 per cent: Yes

37 per cent: No

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