©The Malaysian Insider (Used by permission)
Dress codes prohibiting exposed arms and knees breach the Federal Constitution as they violate Malaysians' right to live with dignity and earn a living, and their freedom of movement and expression, says the Bar Council.
Its president, Steven Thiru, said today such measures did not take into account the multicultural background of Malaysians.
"A dress code that labels exposed arms or knees as unacceptable is clearly out of step with the way of life of ordinary Malaysians, who come from varied economic and social backgrounds. It serves to victimise and oppress innocent individuals.
"The imposition of such a dress code that results in a denial of access to government premises or services is an abuse of power.
"It violates the affected person's right to live with dignity and earn a livelihood, as well as their freedom of movement and expression, in breach of Articles 5 and 10 of the Federal Constitution," Thiru said in a statement.
He said the cases of women being told to cover up at government buildings were disconcerting as the pictures showed their attire were neither unusual nor indecent.
"In these incidents, women have been predominantly singled out for this degrading and humiliating treatment."
He said the Bar demanded that the formulation of any dress code take cognisance of the culturally diverse backgrounds of Malaysian society.
He said Putrajaya must also trust the "innate sense of decency of ordinary Malaysians".
"Let us reject hypocrisy and narrow–mindedness. Ultimately, a person’s attire is not a measure of the person’s moral standing. A nation is not judged by the clothes that its people wear but by the heart that its people have."
He said government officials should facilitate easy access to public services, and not impose "arbitrary or burdensome barriers on citizens in the form of clothing or moral policing".
Recent cases of overzealous enforcement of dress codes at government departments include an incident at the Gombak office of the Road Transport Department (RTD), where a guard ordered a woman to wear a sarong.
Yesterday, a journalist from English daily The Star also wrote about how she was barred from entering the Defence Ministry headquarters in Ampang after being told she had violated the dress code. – July 4, 2015.