Delhi High Court Upholds Police Authority Over Faith-Based Directives in Investigations
Last Updated on March 4, 2024 by News Desk
The Delhi High Court has ruled that faith-based directions cannot be issued for police officers conducting criminal investigations, as it may affect their power to investigate as provided by law. Justice Swarana Kanta Sharma stated that in police investigations, there is no room for anonymity, as identification is essential for ensuring justice and maintaining security.
Allowing anonymity under the guise of religious practice or personal choice could open the door to abuse and hinder the investigation process.
The court emphasised that law enforcement agencies have the authority to identify individuals when necessary, regardless of veiling practices, to maintain public order and ensure transparency, accountability, and fair treatment of all involved in the investigative process. The fundamental rights, including those enshrined under Article 25 of the Constitution, must be surrendered in favour of the safety of the country and the community, regardless of the gender of the accused.
Reshma, a Pardanashin woman, was taken to the police station after a brawl broke out in Delhi’s Rakab Ganj area. She was questioned about her right to wear a veil and was taken to the Chandni Mahal police station.
The court discussed the practice of purdah, veil, or ghoonghat in various religions and concluded that Hindu women did not practice any pardah or ghoonghat, nor were they mandatory for them. However, the court did not delve into the issue of the hijab or veil being an essential part of Islam, as the same is pending adjudication before the Supreme Court of India.
The court also noted that the concept of “pardanashin woman” is essentially a legal concept, as it revolves around seclusion from society and a lack of understanding of societal affairs.
Reshma’s plea was finally disposed of, and the judgement will be sent to the Director (Academics), Delhi Police Academy, for training and sensitization of all concerned.
