The Public Service Law defines the individuals subject to public service and the conditions for performing this duty, and sets out the necessary executive regulations and rules. However, what is of importance and attention before these defined regulations and rules is identifying the reason and philosophy behind the existence of such an issue in the form of public service.

The fact that history and documents have remained from ancient times until today is a testament to the necessity of such a duty for the citizens of any society. Whether it be the stories and accounts of brave men and women throughout different eras of history, who sacrificed themselves in defense of their homeland, or the lullabies and tales passed down by mothers, all support the idea that individuals of a country are willing to give up their lives for the protection of their land. The story of Arash the Archer, this legendary hero of Iran, is a prime example of this.

Therefore, it is very clear that serving one’s homeland is not just a mandatory duty imposed by the government, but rather a deep-rooted feeling and national pride that every individual has towards their country. Unlike today, where despite the existence of laws and various unjustifiable punishments, there is an obligation for individuals to serve their country, in the past, what was more prevalent than the power of the ruling authority was this sense of patriotism; not coercion and fear of punishment for avoiding service.

It seems necessary, before examining and criticizing the punishments imposed on individuals who evade military service, to consider a research-cultural action aimed at identifying ways to encourage citizens, especially young people and young professionals, to serve their country willingly and wholeheartedly, rather than out of obligation and compulsion.

Therefore, predicting various types of punishments with the aim of creating fear and obligation to join the military is not effective in such circumstances; even if a young person does volunteer for this public service, due to lack of belief in the necessity of serving the country, they will not receive any positive feedback from this service; and such a process will ultimately result in unjustifiable costs for the country.

With this description, what is important and significant before implementing certain social deprivations as punishment and penalties for those serving in the military is to create a sense of patriotism and service to the homeland with a clear conscience; not to impose punishments and penalties against those who are citizens of Iran under the title of national rights in Chapter 3 of the Constitution, contrary to the principles of the Constitution and defined rights for each individual. Although the government and ruling authorities have not been able to secure the fundamental rights of the nation until now, the regulations under Article 10 of the General Duty Law, titled “Penalties for Evading Military Service and Absence from Public Duty,” do not comply with any of the principles and rules defined in the rights of the nation and the duty of the government. The prohibitions listed under this article, such as being prohibited from receiving loans and bank facilities, being prohibited from receiving certificates and educational documents and passports, and even being deprived of the ability to change the license plate

If we consider the government’s right to ban employment in government institutions as a confrontation with individuals who are willing to accept the defined duty from the government for conscripts (although today individuals with a discharge card and higher education are practically deprived of this opportunity and employment in government institutions is more like a dream than a definite right), imposing other restrictions is considered a violation of citizenship rights. Article 7 of the Citizenship Charter, while emphasizing the need to respect human dignity, also refers to suitable economic opportunities for citizens in Article 68. Furthermore, this charter, from Article 77 onwards, defines regulations for citizens’ rights to access suitable jobs and positions, and the mentioned prohibitions in Article 10 of the Conscription Law violate these provisions.

Contradiction of the provisions of this law with the defined regulations in the Charter of Citizenship Rights suggests that members of parliament, in approving regulations, pay no attention to the historical background of other parliamentary approvals. If it were otherwise, we would not witness such a volume of conflict between recent parliamentary approvals and other established regulations and constitutional principles.

A noteworthy point in the discussion of the duty to defend the motherland is the content of Article 151 of the Constitution, which obligates the government to provide the necessary resources and facilities for military education to citizens, so that all members of society are capable of defending the country. In other words, in the matter of military defense of the country, before defining the duty of the nation, the government has certain obligations.

The final point is that, in addition to the principles of the constitution, the implementation of defined disqualifications against conscripts is in conflict with certain specific laws, such as the Law on Facilitating Bank Loans, which defines the conditions and legal regulations for obtaining loans, which contradicts the prohibition stated in the National Service Law, or the regulations defined for obtaining a driver’s license and other laws that have been enacted to ensure the people’s access to their basic and fundamental rights as citizens of a country.