No Need to Show 'Greater Sensitivity' Towards 'Pardanashin' Women: Court
NEW DELHI: Policing is not tailored to serve the interests of any specific religious or cultural community and there can't be any room for anonymity in investigations, the Delhi High Court said on Friday as it refused to pass any directions to law enforcement agencies to show "greater sensitivity" towards the needs of "pardanashin" (veiled) women.
Justice Swarana Kanta Sharma observed an investigating agency has to follow the principles of impartiality, fairness, and reasonability, and directing them to act in a particular way that may be against the interest of society would be unjust and may leave scope for misuse.
"The law enforcement agencies and their investigations cannot be driven by religious practices but have to be community and safety driven," the court said.
The court's order came on a petition by a 'purdahnashin' Muslim woman who sought directions for sensitising the Delhi Police about the sacrosanct religious, social customs and practices observed by women who observe 'purdah' either as a religious belief or as a matter of personal choice.
The court said the fundamental rights, including those enshrined under Article 25 of the Constitution in relation to freedom of religion, are surrendered in favour of the safety of the country and community, irrespective of the gender of the accused.
"It is crucial to recognize that policing is not tailored to serve the interests of any specific religious or any cultural community alone. Rather, this Court holds that it has to be essentially guided by the principles of impartiality, fairness, and reasonability," said the court.
"Issuance of an additional direction to first inquire from a woman as to whether she is a pardanashin woman or she wears any form of veil according to her religious belief or customary practices, and then to grant additional time and notice to wear pardah or veil, in addition to following the safeguards already provided in law, on the ground of exhibiting awareness and sensitivity of the police will be inviting an accused to misuse the directions and utilise the time so gained, at times also on falsehood, to abscond or destroy evidence," the court observed.