Should jurors be allowed to wear burqas?
A judge in Trinidad and Tobago has to decide whether a person wearing a burqa should be accepted as a juror. According to a report in Caribbean Net News, Justice Joan Charles heard submissions from lawyers who argued that nothing in the Jury Act disqualifies potential jurors who wear such garb.
The issue became a burning one when a Muslim juror came to court wearing a burkah, covered from head to toe in a black robe. The juror’s entire head and face were covered except for a slit in the area of her eyes.
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The lawyers contended, “The mere fact that a potential juror wears a burkah or hijab is not a basis of itself to be excluded from sitting.”
The reference to the hijab is a red herring, for a hijab does not cover the face. (See graphic at right.)
“Based on the prevailing law, the mere fact that a juror is of a particular race, or has a particular religious belief cannot be a challenge for cause by the prosecution or the defence,” the lawyers argued.
Neither race nor religion is relevant here. Islam is not a race, and Islam does not require all Muslim women to wear a burqa.
The question the judge should be pondering is: Are people wearing masks allowed to serve as jurors?
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