The plan known as “Noor Plan” for the improvement of women’s hijab status, initiated by Faraja on April 14th of this year; a plan that has put the hands of the police and affiliated forces on women and has escalated street violence, invasion of women’s privacy and security, and trampling their dignity in streets and public places.

“Sayyid Ali Khamenei, the leader of the Islamic Republic, first declared the hijab as both a religious and political prohibition in the month of Farvardin 1402, and then in his Eid al-Fitr speech, he allowed enforcers of good to take action against what they consider to be a violation of religious and hijab norms. Just a few days later, the police command announced that the plan to combat hijab would be implemented as part of the “Noor Plan” starting on the 25th of Farvardin. It seems that the government has come to the conclusion that the waters have overflowed from the mill and therefore, street warfare against women must once again be waged. Police officers and hijab enforcers have stationed themselves in public places and streets with white vans. Social media is filled with images and sounds of women being harassed and mistreated by the police, with their bruised bodies and disheveled faces being dragged towards

The goal is actually to control the streets by implementing a plan of street patrols. Therefore, since last year, efforts have been made for the police command to address the issue of hijab and provide legal justifications for it. After the passing of the Hijab and Chastity Bill in the parliament and the Guardian Council, some extremist groups claim that the existing law is sufficient and there is no need to wait for the Hijab and Chastity Bill and act in the interest of the country. In addition, some of them have fundamental issues with the content of this bill and believe that it is not comprehensive enough, but rather a means of taking money and granting permission for women to not wear hijab, and it does not have enough deterrent measures. Extremist groups believe that in the current process, since all cases are sent to the judiciary, the volume of these cases is high and in many cases, they are either prevented from being pursued or there is a significant delay in the process

The faithful of this long story is about the legal return of the Basij force to a project defined for controlling the streets; the same projects that Ahmad Reza Radan, the commander of Tehran’s law enforcement, has had in his record since 1386 (2007) and today, once again, he is being held accountable for in this plan. He has returned to the media of the country two weeks ago and in the gathering of the people of Qom, he sheds tears in the face of slogans in support of the law enforcement forces for the implementation of the Hijab and Chastity plan.

The records of these plans are such that vans of the Guidance Patrol and law enforcement officers and female hijab enforcers are extensively stationed on the streets and public places, and they give “warnings” to individuals who do not have hijab or are improperly veiled. However, a review of the past shows that whenever these plans have been implemented, they have caused anxiety and tension on the streets and have provoked the anger and frustration of the people. The latest incident that got out of control was clearly related to the killing of Mahsa Amini and the widespread protests throughout Iran. If we delve into the past and the beginning of these plans, we will come across movements similar to the 2009 protests and the underlying causes of anger, dissatisfaction, protests, and demands of the people, as well as the work history of law enforcement officials at the time, such as Radan.

The people involved in this plan have thought of two wrong assumptions. First, they believe that the number of unveiled women who walk in the streets in a provocative and instigated manner is very small. Second, they think that by directly entering and verbally warning and suppressing the streets and interfering with the terrifying police and creating fear and anxiety, the issue of unveiling will be resolved. However, the history of these plans shows that their implementation has not been limited to just warnings, and the killing of Mahsa Amini or the violent confrontation of the police with women and beating and dragging them on the asphalt of the streets and throwing them into undercover vans in the past weeks are the results of these blind and oppressive plans.

The plan of light has led to widespread reactions. In this regard, especially lawyers believe that entering the issue of hijab is not the duty of the police. What is referred to as the basis for the police’s entry into this issue is the footnote of Article 638 of the Islamic Penal Code, which states that not wearing hijab and removing the headscarf is a crime and its punishment will be from 10 days to two months in prison and a fine. The approach of legal experts is that decision-making and implementation of plans like this plan are beyond the scope of the police’s authority and the police do not even have the right to give verbal warnings. The police are responsible for protecting the lives, property, and honor of society and cannot illegally invade people’s privacy. (1)

Mohsen Borhani, a lawyer and faculty member at the Faculty of Law at the University of Tehran, considers the actions of the police to be criminal. He says that the police have no right to transfer a person to a detention center, headquarters, or base, nor do they have the right to take commitments from individuals. The police can only directly take the arrested person to the court (not the prosecutor’s office) for the judge to take action to secure the person. He continues that apparently some decision-makers have come to the conclusion that such action is illegal, so it has been proposed that a judge come and explain the charges and take security measures on the spot. This lawyer considers such a proposal to be a degradation of the judiciary and judges, as the dignity of a judge is to be present in the court and for the parties to the case to come to the judge, not for the judge to be stationed at the police station with a tool.

At the same time, Faraja claims that this police action is in line with the demands and desires of the people to combat immodesty. But one must ask, has a referendum been conducted to reflect the people’s opinions? Therefore, relying on the people’s desires is completely wrong and illegal. On the other hand, the leader of the Islamic Republic believes that various issues are not suitable for a referendum and is against resorting to the people’s votes. Writing this issue in the name of the people is giving the wrong address because in this matter, the people’s desires have always been answered with suppression and violence.

Compulsory hijab has always been the one-sided desire of the Islamic Republic over the past four decades, and has turned the sanctity of women’s privacy into a battleground for extremist groups and those with unchecked power and authority, who have never waited for a law and have used the leader’s fatwa as their justification. In the past two years, with the peak of protests against compulsory hijab and the suppression and violence against women in the streets, it has been the leader of the regime who has set the agenda by issuing a directive in the month of Farvardin to confront and deal with unveiled women. It was after that that police forces were deployed.

“Mustafa Tajzadeh, a political prisoner, in a note on 13 Ordibehesht from Evin Prison, while strongly criticizing the return of “unlawful” Asharq patrols under the “Noor Plan”, emphasized that “no one should give the wrong address and divert minds” and that this action “has been carried out by the order of the Supreme Leader or with his approval and permission.” “No other authority besides the Leader of the Islamic Republic can determine the duty for the police.”

He wrote about the reasons for the implementation of this plan by the leadership of the regime and the repressive apparatus in the current situation and its goal: “The ruling does not have a clear plan to solve the accumulated problems and curb inflation and stagflation, and is not able to draw a positive outlook for Iran. Therefore, under the pretext of “combating immodesty,” it seeks to police and secure the space so that citizens cannot speak out or protest, and the continuation of minority rule over the nation becomes possible. It seems that they have come to this conclusion that since the majority of Iranians do not like them, it is necessary to make them afraid and keep them silent.”

All of this is happening while the Islamic Republic government must consider that the oppression of women and violence against them is not like the past eras and will have a high cost for this government. The Islamic Republic cannot easily implement plans such as the hijab and chastity without legal support and questioning from the people – especially the younger generation who demand freedom and decision-making in their lifestyle – with pressure, coercion, oppression, and disrespect for women and stripping them. Each of these plans further divides the people and this regime and acts like a time bomb. Sardar Radan cannot always be proud of his shining record in this regard; of course, if he has not forgotten the nationwide protests such as September 1401 and the events of 1388 and the demands of the people.

Notes:

1- Jafarpour, Mohammad Hadi, What is the legal basis for police actions in dealing with the issue of hijab in the form of the “Noor Plan”? Khabar Online, 30 Farvardin 1403.

2- Borhani, Mohsen, “Noor Plan” or “Zoor Plan” or “Blind Plan”?, Bahar News and Analysis Website, 30 Farvardin 1403.

3- Mostafa Tajzadeh: Do not give the wrong address, the lighting plan has been implemented with the order of Khamenei or his permission, Iran International, 13 Ordibehesht 1403.