Iran Passes Hijab Bill, Introducing Harsher Penalties

09-27-2023

İrem Çakmak

Middle East and Human Rights Researcher

Global Human Rights Defence

Days after protests for Mahsa Amini’s death anniversary began, Tehran passed the “Bill to Support the Family by Promoting the Culture of Chastity and Hijab”. Under the new regulation, those who breach the rules on modest attire and head coverings are at risk of being publicly flogged, sentenced to 10 years of imprisonment, or a fine of 360 million Iranian rials (720 USD). [1]

Iranian women are obliged to cover their heads in public places since it was mandated by Ayatollah Ruhollah Khomeini following the 1979 Islamic Revolution. However, amidst last year’s political developments, many women began to disobey the law, particularly in the light of “Women, Life, Freedom” protests instigated by Mahsa Amini’ death in police custody. [2] Around the first anniversary of the 22-year-old Kurdish-Iranian woman’s murder, the protests gained momentum, resulting in armed intervention from Iranian authorities as well as the detention of Mahsa Amini’s father. [3]

According to Article 638 of the Islamic Penal Code of Iran, women who fail to comply with vaguely defined “appropriate hijab” rules in public were to serve 10 days of incarceration or to pay a fine. [4] However, in response to the protests against the dress code which started last year, the Iranian government has been working on even stricter legislation on the subject. While the bill was still in draft form in August, the head of the Islamic Council’'s Legal and Judicial Commission stated that the Penal Code concentrated on criminalisation, whereas the new proposal would entail nearly 50 articles with cultural content to “promote hijab in the society, especially in schools and universities.” [5]

The adopted bill perpetuates gender-based discrimination more profoundly. In addition to increased punishments, the bill also grants the police and intelligence agents to ensure compliance. [6] Moreover, the bill sanctions businesses that do not enforce the modest dress codes with fines or by closure, encourages further gender segregation in institutions, and enables public offices to deny service to women who do not comply with the hijab rules. [7] Lastly, public figures and influencers are at risk of being fined, equivalent to either 10% of their total assets or a secondary level fine, if they violate the bill. [8]

The newly-introduced bill has drawn criticism from numerous human rights activists. Ravina Shamdasani, spokesperson for the UN High Commissioner for Human Rights, has expressed concerns regarding the new bill while it was in the final stage of deliberation, describing it as “repressive and demeaning” since the bill treats women and girls as second class citizens. [9] Moreover, according to Sanam Vakil, director of the Middle East and North Africa program at the Chatham House, the bill is an attempt to “reassert authority over veiling and the requirements expected of women”. [10]

Sources and further reading

[1] United Nations Human Rights Office of the High Commissioner, ‘Iran – Concerns over Chastity and Hijab Bill’ (September 22, 2023) <Iran – Concerns over Chastity and Hijab Bill> accessed 27 September 2023.

[2] Library of Congress, ‘Iran: Law to Protect the Family by Promoting the Culture of Chastity and Hijab Proposed’ <Iran: Law to Protect the Family by Promoting the Culture of Chastity and Hijab Proposed> accessed 27 September 2023.

[3] Global Human Rights Defense TV ‘A Year After Mahsa Amini's Death: Protests, Repression, and Demand for Justice’ (September 19, 2023) <A Year After Mahsa Amini's Death: Protests, Repression, and Demand for Justice> accessed 27 September 2023.

[4] Islamic Penal Code of Iran (1991) <https://www.refworld.org/docid/518a19404.html>  accessed 29 September 2023.

[5] Library of Congress, ‘Iran: Law to Protect the Family by Promoting the Culture of Chastity and Hijab Proposed’ <Iran: Law to Protect the Family by Promoting the Culture of Chastity and Hijab Proposed> accessed 27 September 2023.

[6] Mehr News, ‘The New Face of Hijab Bill/Positive Measures to Promote Chaste Living’ (August 10, 2023) <The New Face of Hijab Bill/Positive Measures to Promote Chaste Living> accessed 27 September 2023.

[7] Al Monitor, ‘Iran's new hijab bill promises severe penalties for women’ (September 20, 2023) <Iran's new hijab bill promises severe penalties for women>  accessed 27 September 2023.

[8] Library of Congress, ‘Iran: Law to Protect the Family by Promoting the Culture of Chastity and Hijab Proposed’ <Iran: Law to Protect the Family by Promoting the Culture of Chastity and Hijab Proposed> accessed 27 September 2023.

[9] United Nations Human Rights Office of the High Commissioner, ‘Iran – Concerns over Chastity and Hijab Bill’ (September 22, 2023) <Iran – Concerns over Chastity and Hijab Bill> accessed 27 September 2023.

[10] CNN, ‘Iran proposes long jail terms, AI surveillance and crackdown on influencers in harsh new hijab law’ (August 2, 2023) <Iran proposes long jail terms, AI surveillance and crackdown on influencers in harsh new hijab law> accessed 27 September 2023.