Switzerland’s ban on facial coverings in public, commonly known as the “burqa ban,” will be officially taking effect from January 1, 2025. The announcement of the decision was made by the Federal Council in a statement cited by Reuters on Wednesday.
The measure was passed in a 2021 nationwide referendum. The petition was put forward by the same political group that spearheaded the 2009 ban on the construction of new minarets in Switzerland. Violators of the burqa ban could invite a strict penalty, facing fines of up to 1,000 Swiss francs (approximately Rs 96,280).
Burqa and Niqab
The Burqa is also known as a chaadar in Afghanistan, a paranja in Central Asia, the Arab version of the burqa is called the boshiya and is usually black. The term burqa is sometimes confused with the niqab, although the niqab is a face veil that leaves the eyes uncovered, while a burqa covers the entire body from head to toe, with a mesh screen that only allows the wearer to see in front of her.
The use of face veils has been documented in various ancient cultures, including the Byzantine Empire, Persia, Arabia, and ancient Palestine. A number of Islamic scholars citing Islamic jurisprudence consider it to be obligatory for Muslim women to wear the burqa when they are in the presence of non-related (i.e., non-mahram) males. We have recently seen the case of the infamous Islamic scholar Zakir Naik who refused to even be on the same stage as some orphaned girls as he considered them na-mehram. According to these Islamic clerics, this rule is in order to prevent men from looking perversely at women. Many women also wear the burqa due to religious compulsions, living in extremely conservative societies, as under the Taliban.
Attempts to ban the Burqa in Switzerland
The “burqa ban” reflects Switzerland’s distinctive system of direct democracy, where public votes influence key national policies. Citizens can propose constitutional amendments with 100,000 signatures or challenge parliamentary laws with 50,000 signatures, leading to binding national referendums. The burqa was initially outlawed in Ticino, Switzerland after a citizen initiative to hold a referendum. With 65% in favour of a ban, it was ruled that the ban was constitutional and took effect in July 2016. Those who violate the law face an extremely steep fine.
In September 2018, a ban on face-covering veils was approved with a 67% vote in favour in the region of St. Gallen. The largest Islamic community organisation in Switzerland, the Islamic Central Council, continued to insist that Muslim women should continue to cover their faces.
During the federal voting of 7 March 2021 regarding the prohibition of face-covering, the Swiss people voted for the prohibition. Although few women in Switzerland actually wear a burqa or niqab, the proposition has been made to forbid these outfits in public spaces. 51.4% of the population participated in the vote, and 51.2% of them agreed with the initiative.
Listed Exceptions to the burqa ban
Meanwhile, the Swiss government has clarified that the ban will not be applied universally. According to news reports, the law will exclude certain spaces and scenarios. The exempt locations are Airplanes, diplomatic premises, places of worship, and sacred sites.
Coverings will be permitted for health, safety, and medical reasons, hazardous conditions, and extreme weather. Coverings tied to cultural traditions, entertainment, or advertisements will also be allowed. Coverings used during protests or public assemblies may be approved by authorities if public order is maintained.
While the law restricts covering the nose, mouth, and eyes in public spaces and publicly accessible private buildings, the exceptions aim to balance public safety with individual freedoms.
Politics on the ‘Burqa ban’
In September 2022, Switzerland’s lower house of Parliament voted decisively, with 151 members in favour and 29 against, to pass the legislation enforcing the facial covering restrictions. This followed the 2021 referendum, where Swiss voters narrowly approved the ban, targeting not only religious face coverings like niqabs and burqas but also ski masks and bandannas often worn by protesters.
The ban was pushed by the right-wing Swiss People’s Party, while centrists and the Greens expressed strong reservations. Speaking against the burqa ban, orthodoxy groups and hardline Islamic clerics have been peddling a Muslim victimhood narrative alleging that the law unfairly targets Muslim women, despite government data suggesting very few women in Switzerland wear full face coverings. Proponents of the law claim it is necessary to preserve cultural values and ensure public safety.
Switzerland’s national legislation follows similar restrictions already enforced in two of its regions. There are currently 16 countries that have banned the burqa and niqab, which consists of Muslim-majority as well as non-Muslim majority countries. The list includes Tunisia, Austria, Denmark, France, Belgium, Tajikistan, Uzbekistan, Bulgaria, Cameroon, Chad, the Republic of the Congo, Gabon, the Netherlands, China, Morocco, Sri Lanka and now Switzerland too has joined the long list.