Direct Hijab Fines from Bank Accounts: A New Measure in Iran Sparks Widespread Reactions

12-03-2024

Masoumeh Rahimi

Middle East and Human Rights Researcher,

Global Human Rights Defence.

On March 11th, 2024, one of the Iranian parliament members declared in an interview that lawmakers are proposing a new approach to enforcing the hijab laws in Iran. [1] Under the proposed legislation, women who are not adhering to the mandatory hijab and dress code could face financial penalties, and these fines could be directly deducted from their bank accounts without a court decision. [2] According to the proposed legislation, a police officer can fine women and girls at their discretion without that person being informed or having the opportunity for defence.

Reformist lawmaker Mohammad-Sadegh Jawadi Hesar explained that this proposed regulation faced broad opposition mainly because of the timing, which came at a time when prices soared after recent elections, and people were under increasing economic pressure. [3] He added that the proposal seems to intensify tensions between the government and citizens. [4] The proposed rules would fine women up to 30 million Riyals (approximately 50 USD) for non-compliance with the hijab rules without the need for prior approval of the abatement. [5] According to Amir Hossein Bankipour, an Iranian politician, such regulations could lead to new lawsuits against repeat offenders, further complicating the legal implications of such a policy. [6]

From a legal perspective, this approach raises important questions about the fundamental rights of women. In particular, the disapproval of direct withdrawals from bank accounts affects citizens’ rights to privacy and financial freedom. Some Iranian legal analysts argue that the effectiveness and legality of such measures depend on a careful balance of law enforcement with respect for individual freedom, and enforcement mechanisms can significantly impact public opinion and legitimacy. [7]

Besides the legal implications of the proposed hijab punishment, international attention has been attracted to Iran’s mandatory hijab law since protests started in 2022. For example, the UN Human Rights Special Rapporteur had reported during his mandate in 2022 on the pressure to observe hijab rules in Iran. [8] Human rights experts also denounced such rules as “sexist”, drawing focus on systematic discrimination against women and girls. Moreover, organisations such as Amnesty International have openly criticised the law, calling it a “devastating attack” on women's rights. [9]

The position of international organisations indicates that if this proposal is adopted and enforced, it may have rippling effects on Iran’s human rights situation. Financial penalties for not wearing the hijab increase concerns about gender-based discrimination. The growing protests of Iranian women, especially after the death of Mahsa Jina Amini at the hands of the morality police, demonstrate a significant change in public opinion. [10] The increasing number of women choosing not to wear the mandatory hijab gradually reduces the effectiveness of such laws. 

This criticism not only highlights the legal and ethical challenges that arise from such policies, but also points to the growing tension between government authorities and individual freedoms on gender discrimination and the human rights situation in Iran.

Sources and further readings:

[1] 'Newspaper of Azad University Fined Three Million for Real Hijab' (IranGate, 10 March 2024), <Newspaper of Azad University Fined Three Million for Real Hijab - Iran - IranGate> accessed 12 March 2024.

[2] Ibid. 

[3] 'Iran To Deduct Fines From Bank Accounts Of Women Defying Hijab' (Iran International, 11 March 2024), <https://www.iranintl.com/en/202403111235> accessed 12 March 2024.

[4] Ibid.

[5] ‘Citizens: Cash Fines for Not Observing Hijab Lead to Greater Hatred of the Islamic Republic' (Iran International, 9 March 2024), <https://www.iranintl.com/202403091016> accessed 11 March 2024.

[6] Ibid.

[7] Ibid.

[8] Special Rapporteur on the Situation of Human Rights in the Islamic Republic of Iran, 'HRC Special Session on the deteriorating situation of human rights in the Islamic Republic of Iran, especially with regard to women and children – Statement of the SR on Iran and the Coordination Committee' (24 November 2022), <https://www.ohchr.org/en/special-procedures/sr-iran> accessed 12 March 2024.

[9] Amnesty International, ‘IRAN: Authorities Doubling Down on Punishments Against Women and Girls Defying Discriminatory Veiling Laws’ (26 July 2023) Index number: MDE 13/7041/2023, <https://www.amnesty.org/en/wp-content/uploads/2023/07/MDE1370412023ENGLISH.pdf> accessed 12 March 2024.

[10] Maziar Motamedi, 'Iran’s Parliament Approves ‘Hijab Bill’; Harsh Punishments for Violations', (Al Jazeera, 20 September 2023),   <Iran’s parliament approves ‘hijab bill’; harsh punishments for violations | Politics News | Al Jazeera> accessed 12 March 2024.