Thursday, September 26, 2013

You can wear what you like

When I see politicians calling for debate about banning burqas, I have to agree with this bloke – there’s nothing to debate, because this is Britain and people can wear what the hell they like.

The ostensible reason that this tiresome old chestnut has been hauled out of the fire once again is that some judge has said a Muslim woman can’t enter a plea in court wearing a veil on the grounds that her identity could not be verified without seeing her face.

As usual, the accompanying media hoo-ha is not actually about the legal arguments involved. Though not a lawyer myself, I am not aware of any legal precedent saying that people in court have to be identified facially. We have such marvels of the 19th century as “finger-prints”, for example, which I am told many judges are these days inclined to accept as real evidence when imprisoning people, let alone confirming who they are.

I live in West Yorkshire so most days I see at least one fully-veiled person. I can say with some confidence that it is a rare day on which they are the most remarkably-attired person I will see. It bothers me no more than when I see a Sikh man wearing a turban, a Jewish man with ringlets or a student dressing like a ridiculous clown.

That’s nothing to do with being PC or “culturally sensitive”. I believe that it is a matter of being true to “proper British values” (whatever they are) to not give a toss what anyone else wears, thinks or does unless or until it impinges on others.

Sumptuary laws were one of the first things to be dumped in the move from feudalism here in the West, so it is staggering to me that anyone would think of bringing them back today.

As a motorcyclist, I cover my face in public places a lot. This should not lead anyone to regard me as a security risk or a source of suspicion.

I accept that when I go into private places – like petrol stations – the “terms of use” of that place often require me to take my crash helmet off. If I don’t like it I can buy petrol somewhere else where they have different rules.

I do not accept, however, that when I am in a public place I should have to prove anything to anyone by verifying my identity by means of showing my face, presenting my papers or scanning a barcode tattooed onto my forehead.

I am a citizen and the source of law and political authority in a democracy is the citizenry. The state is there for our convenience and protection, not the other way round. The law is there to protect citizens from each other AND FROM THE STATE, not the other way round. A woman with a bit of cloth over her nose and mouth poses no threat to me or you by virtue of having a bit of cloth over her nose and mouth. If she thinks it’s important, that trumps your aesthetic preferences or what is easier for you to deal with. End of.

Only one of these is a burqa
There is, of course, the argument that women are being coerced into wearing veils by the actions of men, supported by cultural norms within the relevant communities.

But banning veils doesn’t tackle that problem. It’s the equivalent of treating pneumonia with cough medicine – addressing an outward symptom only.

If you think that someone else’s culture is “wrong” about something like the treatment of women, then confront that point directly – not through some ridiculous sublimated proxy like banning items of clothing.

I suspect, indeed, that forcing women to remove their veils in public is unlikely to do much to promote the cause of feminism amongst outraged men who impose it on their wives and daughters because they think it is sacrilegious. It will just alienate them from the law and convince them that it regards Islam as an enemy.

And I suppose that the idea that “Islam is our enemy” is really what is at the bottom of a lot of this; that burqa-banning is a way for Islamophobes to indulge their prejudices while pretending that they are promoting some sort of liberal values.


What people wear is none of the state’s business and none of the law’s business, no matter what their religion, their gender or their race. 

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