Delhi High Court Seeks Police's Response in 'Purdahnashin' Woman's Case Alleging Forced Exposure and Detention

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Synopsis

Petitioner, in her plea, alleged that on the night of November 5–6, around 3 AM, police officials forcibly entered her house, conducted an illegal search, paraded her without her purdah or veil to the police station, and detained her for 13 hours, violating the law

The Delhi High Court has sought the response of the police on a petition filed by a 'purdahnashin' (veiled) Muslim woman, seeking an impartial investigation and action against police personnel who allegedly forcibly took her to a police station without her veil and subjected her to degrading treatment.

The petitioner, in her plea, alleged that on the night of November 5–6, around 3 AM, police officials forcibly entered her house, conducted an illegal search, paraded her without her purdah or veil to the police station, and detained her for 13 hours, violating the law.

The bench of Justice Saurabh Banerjee issued notice to the city police commissioner on the woman’s petition, which also seeks a directive to sensitize police personnel about the religious and social customs observed by women who wear 'purdah' for religious or personal reasons.

Advocate M Sufian Siddiqui, representing the petitioner, argued that the police officials' conduct was a blatant infringement of the petitioner’s fundamental and human rights enshrined in the Constitution and the Universal Declaration of Human Rights.

In an order dated November 30, Justice Banerjee directed the police to preserve relevant CCTV footage from cameras within and around the police station premises, as well as those installed by the city and private residents in the area.

"Issue notice. The respondent is directed to preserve the CCTV footage of all the cameras installed inside and around PS Chandni Mahal, Central-District, Delhi, for the time period from 01:00 AM to 05:00 PM on 06.11.2023 as well as the CCTV footage of all the cameras installed by the GNCTD and/or private residents near the petitioner’s residence leading towards the direction of PS Chandni Mahal, Central-District, Delhi, for the time period from 01:00 AM to 06:00 AM on 06.11.2023," ordered the court.

The court granted the city police four weeks to file a status report on the action taken regarding the petitioner’s complaint.

The petition emphasizes that a 'purdahnashin' woman has the right to choose and dress as provided under the 'Right to Life' and cannot be forced to face the world without her obligatory veil. The conduct of the police, as alleged in the plea, is said to be a violation of her 'Right to Privacy', 'Right to Live with Dignity', and 'Right to Reputation'.

The matter is scheduled for the next hearing on January 30, 2024. 

Case Title: Reshma v. The Commissioner of Police