An Iranian woman without a mandatory headscarf, or hijab, flashes a victory sign as she walks at the old main bazaar of Tehran, Iran. File.
| Photo Credit: AP

Iran has paused the process of implementing a new, stricter law on women’s mandatory headscarf, or hijab, an official said — a bill that many believe could have reignited the protests that engulfed the Islamic Republic after the 2022 death of Mahsa Amini.

The controversial law, which was approved by the parliament in September 2023, will not be sent to the government as planned this week, according to one of the country’s vice presidents. The development effectively means that Iran has halted enacting the legislation.

The law levies harsher punishments for women who refuse to wear the hijab and for businesses that serve them, penalties previously rejected by Iran’s reformist President Masoud Pezeshkian as he tries to restart talks with the West over sanctions imposed on Iran over its nuclear program.

“According to the discussions held, it was decided that this law will not be referred to the government by the parliament for now,” Shahram Dabiri, the vice president in charge of parliamentary affairs, was quoted as saying in an interview on Monday with the pro-reform Ham Mihan daily.

The decision to halt the legislation — at least temporarily — was reached by top executive, legislative and judiciary bodies, Dabiri also said.

At the moment, it is “not feasible to implement this bill,” he added, without elaborating.

Had the bill passed to the government, Iran’s president would have had little room to maneuver. By law, he’s required to endorse the bill within five days, after which it would have taken effect in 15 days. The president has no authority to veto it.

Pezeshkian could try to convince Iran’s 85-year-old Supreme Leader Ayatollah Ali Khamenei, who has final say on all matters of state, to halt the bill.

If the bill had been enacted, Pezeshkian could also refuse to act on it or urge police not to enforce it, setting up a potential constitutional crisis that hard-liners could try to exploit to weaken him.

The president had earlier described the law as having “many questions and ambiguities.”

Amini died on Sept. 16, 2022, after her arrest by the country’s morality police over allegedly not wearing her hijab to the liking of the authorities.

Iran has denied being responsible for her death and disputes she was beaten. However, United Nations investigators have concluded Amini ”was subjected to physical violence that led to her death,” which they blamed on the morality police.

The monthslong security crackdown that followed Amini’s death killed more than 500 people and saw over 22,000 detained.

In the years since, Iranian women on the streets increasingly have ignored the existing hijab law, walking in public with their hair uncovered despite the threat of arrest or harassment.

The new, 74-section law envisages fines of $800 for first offenses and $1,500 for second offenses, followed by prison terms of up to 15 years for third offenses. Also, celebrities and public figures could see the confiscation of 8% of their net worth, while businesses face the possibility of closure and fines for serving those not wearing a headscarf. Travel bans also would have been enacted for offenders.

The law also would have allowed foreign nationals, including the millions of Afghans living in Iran, to work as informers reporting women not wearing the hijab. Business owners and taxi drivers would be encouraged to report on uncovered women. Otherwise, they can face cash fines.

The scope of the law, which would be in place for three years, is extraordinary even for the Islamic Republic. It also includes allowing police access to private surveillance footage and even footage recorded by security forces, the Defense Ministry and the country’s civilian nuclear agency.

Tehran:

The Iranian state is planning to open a treatment clinic for women who flout the mandatory hijab laws that require them to cover their heads in public. Announcing the opening of a “hijab removal treatment clinic”, Mehri Talebi Darestani, the head of the Women and Family Department of the Tehran Headquarters for the Promotion of Virtue and Prevention of Vice said the establishment will offer “scientific and psychological treatment for hijab removal”.

“The establishment of this center will be for the scientific and psychological treatment of removing the hijab, specifically for the teenage generation, young adults, and women seeking social and Islamic identity and visiting this center is optional,” a report by Iran International quoted Talebi as saying.

Notably, the Women and Family Department of the Tehran Headquarters for the Promotion of Virtue and Prevention of Vice falls under the direct authority of Iran’s supreme leader Ali Khamenei. The body is reportedly responsible for defining and enforcing strict religious standards in Iran, particularly those related to women’s dress.

Move Sparks Outrage

The announcement came weeks after a university student, who stripped down to her underwear on a Tehran campus in an apparent protest at harsh treatment by dress code enforcers, was detained and sent to a psychiatric hospital for mental health treatment.

The news of the new clinic has spread among the “Woman, Life, Freedom” protest groups and women, sparking fear and outrage.

Speaking with The Guardian on the condition of anonymity, a young woman from Iran said, “It won’t be a clinic, it will be a prison.”

“We are struggling to make ends meet and have power outages, but a piece of cloth is what this state is worried about. If there was a time for all of us to come back to the streets, it’s now or they’ll lock us all up,” she said. 

According to Iranian human rights lawyer, Hossein Raeesi, the idea of a clinic to treat women who did not comply with hijab laws is “neither Islamic nor aligned with Iranian law”. 

Use Of Psychiatric Facilities To Curb Dissent

Iranian authorities have been widely accused of using mental health institutions to curb the dissent against the strict hijab law. The method has been condemned by human rights advocates as psychologically abusive and manipulative.

Speaking to The Guardian, Sima Sabet, a UK-based Iranian journalist who was a target of an Iranian assassination attempt last year, said the move is “shameful”.

“The idea of establishing clinics to ‘cure’ unveiled women is chilling, where people are separated from society simply for not conforming to the ruling ideology,” she said.

Since the “Woman, Life, Freedom” movement began, hardliners have increased efforts to enforce strict dress codes for women. Artists, including actresses Afsaneh Bayegan, Azadeh Samadi, and Leila Bolukat, who posted images of themselves without a hijab, reportedly received court-ordered mandates for weekly visits to psychological centers for mental health certificates in response to their conduct.

The “Woman, Life, Freedom” movement began in Iran after the death of young woman Mahsa Amini in police custody over hijab violations in September 2022.