Remove burqa and get photographed for voter ID : SC tells Muslim women

  The  Bench ruled thus during the hearing of a petition which contended that publishing photographs of Muslim Gosha women was opposed to their religious belief.

The Madras High Court had on September 7, 2006, dismissed a petition by M Ajmal Khan a few days prior to the Madurai Central by-election, holding that wearing of `purda' did not form part of Islam.

The Bench, which posted the matter for final hearing after two weeks, said the photo identity card is neccessary for the election purpose.

"Religious sentiments cannot override statutory rule", it said adding "voting is a statutory right and if you want to vote your photograph is necessary." The Bench asked if a Muslim woman decides to contest election, will she not get herself photographed.

"Suppose you want to contest election, then what about burqua? the Bench said beore adjourning the matter.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, including Muslim Gosha women.

Assailing the order, the petitioner said the SLP was not directed against any election process but against EC's powers to interfere with religious affairs, a fundamental right guaranteed under Article 25 of the Constitution.

He submitted Muslim voters were not questioning the Commission's authority in issuing photo identity cards but their grievance was over its direction to print the photographs of women and circulate them with the electoral rolls to the public and political parties.

This decision interfered with the religious custom and preaching of the Holy Koran which laid down that Muslim women should wear 'purda,' the petitioner said electoral rolls should be used only by the officers concerned for verification and they should not be circulated to the public and political parties.

"Their publication was likely to wound the sentiments of the Muslim community as there was every chance of misuse of the photographs if the rolls were made accessible to unscrupulous persons," the petition said.