‘Purdahnashin’ Muslim Woman Moves Delhi HC Seeking Action against Police

The Delhi High Court has sought the response of the city police in connection with a petition filed by a ‘purdahnashin’ (veiled) Muslim woman seeking an impartial investigation and appropriate action against its personnel.

The woman alleges that she was forcibly taken to a police station without her veil and subjected to degrading treatment.

The petitioner asserts that during the night of November 5-6, at approximately 3 AM, several police officials entered her residence, conducted an unauthorized search, paraded her to the police station without her purdah/veil, and detained her for 13 hours, blatantly violating the law.

A bench of Justice Saurabh Banerjee issued notice to the city police commissioner regarding the woman’s petition. The petition also seeks a directive to sensitize police personnel about the sacred religious and social customs observed by women who adhere to ‘purdah,’ either as a religious belief or as a personal choice.

Lawyer M. Sufian Siddiqui, representing the petitioner, argued that the conduct of the police officials flagrantly infringed upon the petitioner’s fundamental rights as enshrined in the Constitution and her human rights under the Universal Declaration of Human Rights.

The court directed the police to preserve relevant CCTV footage from all cameras within and around the police station premises, as well as those installed by the city authorities and private residents in the area.

The court order stated, “Issue notice. The respondent is directed to preserve the CCTV footage of all the cameras installed inside and around PS.: Chandni Mahal, Central-District, Delhi for the time period from 01:00 AM to 05:00 PM on 06.11.2023 as well as the CCTV footage of all the cameras installed by the GNCTD and/ or private residents near the petitioner’s residence leading towards the direction of the PS.: Chandni Mahal, Central-District, Delhi for the time period from 01:00 AM to 06:00 AM on 06.11.2023.”

The court granted the city police a four-week period to file a status report on the actions taken in response to the petitioner’s complaint.

The petition argues that a ‘purdahnashin’ woman is entitled to the protection of religious sanction and the right to choose and dress as provided under the ‘Right to Life.’ The petitioner cannot be compelled to face the world without her obligatory veil. The conduct of the police personnel is alleged to be in blatant violation of her ‘Right to Privacy,’ ‘Right to Live with Dignity,’ and ‘Right to Reputation.’

The plea emphasizes that the police’s actions, including forcibly entering her residence without consent, conducting an illegal house search, dragging her to the police station without her purdah/veil/burqa, and illegally detaining her, have left an “indelible blemish on her dignity and self-respect.”

The matter is scheduled for further hearing in January.