Sunday, February 2, 2014

The Right to wear the veil

By Aisha Nazim
Source: latteeffarook.com


The sudden ban on the niqaab – a face veil worn by sections of the Muslim community – by the Moratuwa University authorities, has resulted in several undergraduates being marginalized and faced with a conundrum, as they have been prohibited to enter the university premises wearing the garment.

This is despite the fact that the students had participated in the Leadership Training programme, without facing such issues, and had been attending lectures since they began their respective courses earlier this year without any problems as well.

However, as the year proceeded, problems began cropping up, based on their conservative dress code.
The university guidebook does not mention anything about a dress code or the face veil, prohibiting it or otherwise – a fact that is confirmed by the Ministry of Higher Education. The face veil has not posed problems in other universities in the country either, making the public question the reasons behind the Moratuwa University authorities, to impose a sudden ban.

Students claim the university never had a problem with the veil. According to Zainab Rumy (names have been changed to protect the student’s anonymity) a first year undergraduate at the Moratuwa University’s Faculty of Architecture, there have been veiled students in the previous batches as well, who had enrolled and graduated without any issues. This sudden infringement on their freedom of dress has taken place just a few months ago – in July 2013, to be precise.

To improve security and communication

Speaking to Ceylon Today, Zainab narrated how the ban was suddenly imposed on her and two other undergraduates, and how they got to know of it only when the security manning the entrance to the university prevented them from entering the university.

“In August, the security guards told us the Vice Chancellor had instructed them not to allow us inside, unless we remove the niqaab before entering the university premises. I was removing it and identifying myself at the security checkpoints before this anyway. But, according to the new rule, the veil is not allowed anywhere within the university. The other two girls who are affected by this and I went to the Muslim lecturers and asked them to represent our case. None of us were aware of anything as we had not been informed. However, the Vice Chancellor had told the lecturers that there is a certain accepted dress code, and that this (niqaab) does not fall under that. The university says it’s for security reasons, yet those wearing helmets covering the entire face are allowed inside. Do we pose more of a threat than strange men who enter the university?” Zainab queried.

Moratuwa University Registrar, Vindya Jayasena, told Ceylon Today the ban was put in place for reasons concerning security and communication. She said though there are a few face-veiled students, there have been no such students in the past. She also claimed that it is difficult for lecturers to successfully conduct their lectures as they are unable to see the students’ responses as their facial expressions are masked. According to Jayasena, lecturers find it difficult to ascertain whether a student comprehends the lecture or not. This is in spite of the fact that none of the lecturers themselves have suggested this to the niqaabi’d students, and as Zainab says, despite the fact that she has also successfully delivered presentations without receiving negative feedback from her lecturers.

The Federation of University Teachers’ Association (FUTA), meanwhile, said that lecturers should be able to deliver lectures regardless of whether they are able to see their students’ faces or not. Association President, Dr. Nirmal Ranjith Devasiri, countered that it is ‘ridiculous’ if a lecturer feels that he cannot lecture properly because of not being able to establish anything more than eye-contact.

While undergraduates should be free to veil themselves if they want, they should remove it during examinations to establish their identity to the supervisors and their fellow students, he added.

“You can have your own choice, but when you’re sitting for an examination, rules have to be the same for everyone. When you cover your face, it becomes a problem as it is part of your photo identity. This is the only reason I see for asking someone to remove their face veil. The eye-contact issue – that’s subjective. Understanding or not is up to the student; though it’s better to have eye-contact and better communication, that’s the student’s choice,” he told Ceylon Today.

Ban is a violation of Fundamental Rights

According to the 1978 Constitution, every Sri Lankan citizen regardless of race, religion or gender, is entitled to freedom of thought, conscience and religion – including the freedom to have or adopt to a religion or belief of their choice.

Human Rights Commissioner, Dr. Prathiba Mahanamahewa, stressed that this includes the rights of a person to exercise their religious and cultural beliefs and activities, including the manner of dress.

Article 12, the Right to Equality clearly states that ‘No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds’ and that ‘No person shall, on the grounds of race, religion, language, caste, sex or any one such grounds, be subject to any disability, liability, restriction or condition’.

Sadly, the Moratuwa University’s ban on the niqaab completely disregards a person’s right to practice their religious and cultural beliefs, or the basic right to dress as one wishes.

“It’s a Fundamental Right to exercise your religious and cultural beliefs, including how you dress. They have the right to dress that way – there have been Supreme Court judgments in their favour as well. There was an incident where a school principal had requested one of his teachers to remove her farad. She went to the Supreme Court over it, and they granted her the approval to wear it,” Dr. Mahanamahewa said.

No security threats in Lanka

The face veil is banned in countries like France because terrorists tried to use the niqaab as a mask, and there have been national security risks. But here, he further said, in Sri Lanka, there is no such risk and people have the absolute right to wear it if they so wish.

Despite the university’s sudden security concerns, the niqaab was not banned during the height of the civil war.
Salmiya Azeez, a niqaabi student, entered the Moratuwa University in 2006 and graduated from the IT Faculty in 2009.

“It was during a tight security period,” she told Ceylon Today. “But I didn’t face any security threats during my stay at the university. The lecturers and the other students were really very supportive and they helped me wholeheartedly in all my academic and non-academic work. My period at the campus was really nice and normal,” she said.

This leaves us with the question once again – if face veils were allowed at the height of war and was not perceived as a security threat then, why are the girls suddenly banned from entering university while donning it now?


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