The 'Hijab and Chastity' Law: A Path to 'Strengthening Families' or Government Revenue?

The 'Chastity and Hijab' law, aimed at what is termed 'strengthening families', has been sent to the government by Massoud Pezeshkian. Now, the President of Iran must sign and announce this law, but individuals such as the President's assistant for 'pursuing rights and social freedoms' consider the implementation of this law 'impractical'. This issue has sparked extensive discussions among Iranians in recent days. Details of the 'Law for Supporting Families through Promoting the Culture of Chastity and Hijab' were published in Iranian media on December 1. The law repeatedly emphasizes 'strengthening families'. The drafting of the 'Hijab and Chastity' bill began in 2023 following the death of Mahsa (Zhina) Amini in 2022 while in the custody of the morality police and widespread protests regarding hijab, morality police, and women's freedoms. At that time, the morality police were disbanded, but due to women appearing in public with optional hijab, it was decided to draft a law regarding hijab. The hijab and chastity bill was rejected multiple times by the Guardian Council and sent back to the parliament for amendments. The latest changes made by the parliament managed to satisfy the Guardian Council's concerns. This report was prepared through interviews with several citizens in Iran by Radio Farda, using pseudonyms for their safety. Some sections of this law attempt to solicit 'public participation' in identifying individuals without mandatory hijab. The establishment of a system for receiving 'public reports' is among these efforts. Bahar's car was confiscated due to a report of mandatory hijab violation. She says: 'With the establishment of the system, reporting will increase. This is an attempt to normalize human trafficking.' Sara, another citizen, believes that this method makes everyone suspicious of each other, as anyone could report you at any moment. This law obligates ride-hailing services to prepare their communication systems within two months to report drivers regarding passengers violating the 'Hijab and Chastity' law. In this case, the driver will be exempt from fines. Mr. Rasoul, a ride-hailing driver, states: 'In the past two years, my taxi has been confiscated twice. I do not believe in this law, but every time I have warned a woman, I have faced bad reactions. Several times, passengers have canceled the trip; what should we do now?' Ms. Yasaman, a café owner, has had her café shut down and reopened several times. She says: 'Reopening is hard and complicated, so I have to warn everyone about hijab and hear that I am complicit with the government.' Yasaman believes: 'The government wants citizens to take care of each other's business.' According to this law, women will be portrayed as guilty for demanding optional hijab. Gholamhossein Karbaschi, former Secretary-General of the Executives of Construction Party, has stated that for the law to be implemented, people must be convinced; otherwise, it is not enforceable: 'Many people will not comply with this law, even with heavy fines.' He has suggested that the government should focus more on people's livelihoods and economy, and according to his sources, 'Mr. Pezeshkian has stated that this law is not enforceable and will create problems. However, I do not know what he intends to do.' The widespread reactions to the hijab law text have labeled it 'shameful and gender apartheid'. In the 'Hijab and Chastity' law, specific duties and responsibilities are outlined for the Ministry of Culture and Islamic Guidance, the Broadcasting Organization, the Islamic Propaganda Organization, the Ministry of Education, the Ministry of Science, Research and Technology, the Ministry of Health, the Vice Presidency for Science, municipalities and rural administrations, the Ministry of Economy, the Ministry of Industry, Mine and Trade, the Ministry of Roads and Urban Development, the Ministry of Communications, the Ministry of Cultural Heritage and Tourism, and the Vice Presidency for Women's Affairs. According to the Speaker of Parliament, this law will be announced on December 14 and will be implemented on a trial basis for three years. The responsibilities of these agencies are almost similar. However, the amounts of fines are a key feature of this law. Those who place themselves 'in the sight of non-mahrams' in public or virtual spaces will be fined. These individuals must be identified and fined through smart systems. 'Unveiling' refers to not wearing a chador, headscarf, or shawl, among others. Other penalties are also included in this law, but monetary fines are the most prominent. Non-compliance with mandatory hijab will incur a fine of up to 18 million tomans for the first time. If officials of complexes and towns do not provide surveillance footage to the authorities, they will be fined between 18 to 36 million tomans. These fines increase upon repetition. Those who insult or assault hijab enforcers will be fined between 8 to 18 million tomans. Additionally, for each confiscated vehicle, the driver must pay the costs of towing, settling vehicle fines, and parking fees. All of this could be considered as government revenue. Amirhossein Bankipour, Vice President of the Cultural Commission and one of the law's designers, explicitly confirmed in an interview that 'the essence of the law is cultural and economic, and individuals will be identified and fined through cameras.' Mr. Ali, a professor at Tehran University, points out that the government knows that women will not return to the previous situation, so it wants to profit from it. This income is sustainable and increasing. Ms. Elaheh, a teacher, states: 'The established fines draw a line between over 90% of society and the wealthy. These fines are equivalent to a month's salary for an employee.' She believes that while some may afford the fines, the majority of society cannot, so should they go to prison? The deadline for paying monetary fines is 10 days after the final verdict, and if not paid, the accused will be deprived of services such as passport issuance or renewal, vehicle registration or plate change, exit permits, release of confiscated vehicles, and issuance or renewal of driver's licenses. Mona, a 15-year-old girl, says: 'With the announcement of the law and fines, my father said he would not pay it if fined, as it exceeds his salary by three million tomans.' Nasrin Sotoudeh and Sedigheh Vosoughi, activists in the women's movement, issued a statement declaring that while two years have passed since the 'Women, Life, Freedom' movement, various government agencies have collaborated to impose mandatory hijab in a ridiculous display through a medieval law known as 'Hijab and Chastity'. It makes no difference who the president is. Massoud Pezeshkian explicitly opposed the morality police and mandatory hijab during his election campaign, and at that time, the slogan 'It matters who the president is' was activated. The newspaper Sazandegi, on the front page of its December 3 issue, titled 'The Promise is Kept', asked: 'Will the president adhere to the promises he made or will he implement the Hijab and Chastity bill?' Concurrently with the publication of the law, some women reacted to it. For instance, Neda, a theater director, published a photo of herself without hijab in protest against this law. Maryam Lotfi, a social journalist, wrote on X: 'The father of Romina Ashrafi was sentenced to 9 years for the premeditated murder of his daughter, and the husband of Mona Heydari was sentenced to eight years and two months for beheading her. However, according to the hijab law, sending films or photos about hijab to foreign individuals or media for the first time incurs two to five years of imprisonment and, upon repetition, five to ten years of imprisonment along with fines of 330 to 500 million tomans. This fine also applies to media outlets. They cannot cooperate or interview those who previously appeared with optional hijab. The Special Rapporteur on Human Rights has reported that the situation of women and girls in Iran has worsened. Following the publication of the hijab law over the past three days, there has been significant criticism, to the extent that Sakineh Sadat Pad, the President's assistant in 'pursuing rights and social freedoms', wrote on X: 'Rushing to implement a law that even in the eyes of jurists, legal experts, literati, psychologists, sociologists, and the public is debatable is not in accordance with wisdom and rationality. A good law has social acceptance.' She has called for a meeting of the heads of the three branches of government. Ali Larijani, advisor to the Leader of Iran, also stated, 'A law that cannot convince the people cannot be implemented and is only a law on paper.' Azar Mansouri, head of the Reform Front, considers this law 'failed' and wrote on X: 'Do you remember what Mahsa Nazanin wore before her arrest? Compare her attire with the average attire of women in Iran today to see the dimensions of this failure more clearly.' Abbas Akhundi, a reformist activist, wrote a letter to Mr. Pezeshkian stating that the fundamental flaws of the bill cannot be resolved with amendments and should be referred to Ayatollah Ali Khamenei, the Leader of the Islamic Republic, to be annulled with his approval. Emphasis on the segregation of spaces designated for women and men in hospital, university, and even allocating a percentage of recreational areas to women is among other sections of the chastity law. According to Mohammad Baqer Qalibaf, the Speaker of Parliament, this law will be sent to the President on December 14 to be signed and announced according to Article 123 of the Constitution. He has five days to sign it and then must announce it to the executors. Currently, Mr. Pezeshkian has not reacted to this law to clarify whether it matters who the president is or not. He has until December 19 to make a decision in this regard.