Woman wearing niqab refused entry to Victorian court

A Victorian Supreme Court judge has refused to allow the wife of an accused terrorist to attend a proceeding involving her husband because she was wearing a niqab.

A woman wearing a niqab.

A file photo of a woman wearing a niqab. Source: AAP

Justice Christopher Beale ordered the woman to remove the garment, which covers much of a woman's face except her eyes, or remain outside. 

"I require anybody who comes into the court - and all are welcome - but anybody who comes into the court, for their face to be uncovered," Justice Beale said.  

According to the transcript of proceedings, the lawyer for the wife's husband said she was "obviously not prepared to do that". 




Justice Beale incorrectly referred to her clothing as a burqa which covers the entire face. 

The Victorian Liberals have proposed fining or jailing women who refuse to remove their niqab or burqa in courtrooms, with Opposition Leader Matthew Guy describing it as "disrespectful".

The Labor State Government has rejected the policy. 

Removing the niqab can be 'traumatic'

Vice-President of the Islamic Council of Victoria, Adel Salman, said Justice Beale's decision was unreasonable and a breach of her human rights, particularly as she was not giving evidence.

“I understand the judge is completely acting within his powers, however, in this case I just think it’s unreasonable and I think the woman had a right to be in the courtroom to show support for her husband.”

Adel Salman says the niqab ban is unreasonable.
Islamic Council of Victoria Vice-President Adel Salman says the niqab ban is unreasonable. Source: SBS World News


He said women who choose to wear the niqab take it very seriously.

“It’s not a light-hearted matter, it’s not trivial. They do it through devotion, through being faithful to God and it’s part of her identity.

“To ask her to remove the niqab is almost like asking her to set aside part of her identity and of course that can be challenging, if not traumatic for people.”

If there were concerns about a person’s identity, Mr Salman suggested a woman wearing a niqab or burqa could be asked to step into a private room and show her face to a female security member for verification.  


Share
2 min read

Published

Updated

By Rosemary Bolger

Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world