
Final Approval of the Hijab and Chastity Bill Amidst Regional Tensions/ Roza Nateghi
The Hijab and Chastity Bill, which had remained dormant since the death of the former president, was recently revived, shocking the public. Ahmad Rastineh, spokesperson for the Cultural Commission of the Islamic Consultative Assembly, and one of the most hardline parliament members, reignited the issue. Rastineh, a staunch supporter of the Hijab and Chastity Bill and increased filtering, first introduced this proposal during Masoud Pezeshkian’s government. His persistence suggests that the hardline faction is determined to see this bill through.
On Wednesday, September 25, 2024 (4 Mehr 1403), just ten days after the anniversary of Mahsa Amini’s death, Rastineh announced in an open session of the parliament:
“The so-called Hijab and Chastity Bill, after being passed by the Islamic Consultative Assembly, has been approved by the Guardian Council, and soon the Speaker of Parliament will notify the government of this law. All agencies are required to provide the necessary capacities for the implementation of this important law.”
However, in the final days of October 2024, Hadi Tahan-Nazif, spokesperson for the Guardian Council, responded to a question stating that the bill and its resolution “are now with the parliament for the next steps.” Although this statement was widely reported in the media as confirmation of the Guardian Council’s approval, it triggered backlash. Many voters who supported Masoud Pezeshkian expected, based on his campaign promises, that there would be a softer approach toward unveiled women and the disbandment of the Morality Police. Notably, in Pezeshkian’s first press conference as president, in response to a journalist protesting against the Morality Police, he implied that the Morality Police had become powerless. However, Rastineh’s statements and the final approval by the Guardian Council demonstrated that opposing the Morality Police is no easy task for the government.
Rastineh also elaborated on the rulings of the Hijab and Chastity Bill during the parliamentary session:
“There are more than 30 cultural provisions in this law, which show that the Islamic Consultative Assembly believes that the issue of hijab and chastity is a cultural matter. It is necessary for institutions such as the Ministry of Education, universities, and cultural organizations, including the Ministry of Culture and Islamic Guidance, the Islamic Propagation Organization, and religious seminaries, to act on educating and persuading adolescents and young people about the importance of hijab and chastity.”
Interestingly, the provisions of the Hijab and Chastity Bill, after each revision, have not been fully published by the Guardian Council, and only occasional updates are heard. Due to the lack of transparency regarding the amendments, it remains unclear what penalties the bill prescribes for both women and men. It appears that the public will have to wait for the implementation of this bill to understand its full details.
A few days after unofficial reports emerged about the Guardian Council’s approval of the Hijab and Chastity Bill, the Sistan Revolutionary Guards (IRGC) also announced the implementation of the “Taravat” plan concerning the enforcement of mandatory hijab. Mansour Shoghani, commander of the IRGC in Semnan, said:
“We will use the resources of the province’s executive and service organizations in the implementation of this plan.”
On Tuesday, October 15, 2024 (24 Mehr 1403), at a meeting of the province’s General Culture Council held at the office of Semnan’s Friday Imam, he added, without providing details, that this plan “will soon be implemented with the participation of the public to promote the culture of hijab and chastity in the province.” Although Shoghani did not elaborate on the details of the plan, based on previous measures, such as the “Noor” project, enforcement of what is labeled as “improper hijab” usually involves the use of force and violence.
Government Response to the Hijab and Chastity Bill
Following Mansour Shoghani’s remarks on implementing the Hijab and Chastity Bill, the Deputy for Parliamentary Affairs of the President emphasized that the government currently has no plans to amend the Hijab and Chastity law, seeking to maintain alignment with its campaign promises. He stated:
“Positive methods, based on cultural and ideological approaches, are more effective. Perhaps in ministries and governmental institutions, we can enforce these measures completely, but we certainly do not want harsh confrontations in society. We prefer to promote cultural work rather than direct enforcement.”
Shahram Dabiri, the Deputy for Parliamentary Affairs, clarified the government’s stance in an interview with domestic media when asked whether the government would submit a new bill to amend the Hijab and Chastity law:
“For now, there are no plans to submit a new bill because a law has already been passed and has not yet been officially communicated. There are some issues, and we are pursuing reforms in this regard. The President strongly believes that these measures should indeed be implemented, but more through positive and cultural approaches, not through punitive methods.”
Following these statements, the government did not remain silent. In a recent press conference, Fatemeh Mohajerani, the government spokesperson, responded to a question about the possibility of retracting the Hijab and Chastity Bill:
“Mr. Pezeshkian’s stance is clear, and he has repeatedly said that cultural matters cannot be enforced by force.” She added without providing a definitive answer:
“We are pursuing a careful expert review to ensure the interests of the system are considered. The issues are under consideration.”
The Ham-Mihan newspaper recently reacted to statements by Morteza Aghatehrani, the head of the Cultural Commission of the Parliament, who claimed that implementing the Hijab and Chastity Bill could “solve approximately four-fifths of the cultural issues.” The newspaper wrote:
“Your pro-natality law has resulted in nothing but massive inflation and a decline in birth rates. You don’t even have a useful law for economic matters, let alone cultural ones, which, as consensus shows, cannot be resolved through punitive measures.”
The bill that has now been passed and approved by the Guardian Council originally contained 71 articles before revisions. Most of these articles consisted of various directives to executive agencies to promote an “Islamic family-centered lifestyle” and “the culture of hijab and chastity.” In the penalties section, those who do not comply with the mandatory hijab, referred to in this law as “improperly dressed,” face punishments. The definition of improper dress is explained in two subsections:
“Improper dress for women refers to wearing transparent or tight clothing, or clothing that exposes parts of the body below the neck, above the ankles, or above the forearms. For men, improper dress refers to wearing transparent or tight clothing, or clothing that exposes parts of the body below the chest, above the shins, or the shoulders.”
The law states:
“Anyone found in public or in public spaces improperly dressed will, on the first offense, be fined at the highest level of Category 6 penalties, and for subsequent offenses, be fined at the Category 5 level.” Article 36 of the bill also stipulates that:
“Anyone who, in collaboration with foreign governments, networks, media, groups, and organizations, or hostile individuals connected to them, or in an organized manner, promotes or advertises nudity, immorality, improper hijab, or improper dress, will face Category 4 imprisonment and a Category 3 fine.”
Insulting or mocking hijab, whether online or offline, is also criminalized, with offenders subject to:
“A Category 4 fine, and at the judge’s discretion, a ban from leaving the country for up to two years, and a ban from public activity on social media for six months to two years.”
The formation of this controversial Hijab and Chastity Bill, which has sparked widespread reactions and criticism, began with the submission of a nine-article proposal by the judiciary containing general strategies for “combating improper hijab.” After being approved by Ebrahim Raisi’s cabinet, it was submitted to the Islamic Consultative Assembly in May 2023. In the wake of the nationwide “Woman, Life, Freedom” protests and the refusal of many women to adhere to compulsory hijab, the judiciary drafted this bill and submitted it to the government on April 28, 2023. The bill was reviewed for only two weeks in the parliament and was passed on June 8, 2023. However, it was rejected by the Guardian Council. The Hijab and Chastity Bill has been returned to parliament at least three times by the Guardian Council, with the first rejection occurring in November 2023. In early December of that year, it was returned for the second time with 109 objections and 23 spelling errors.
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