Case Analysis of S.A.S. V. France

Abstract

The judgement in S.A.S v. France concluded the prevalent debate about legality of the law banning full-veil clothing to cover face by ruling in the favour of the French government. The court examined various legal issues, involving freedom of thought, conscience and religion, etc. to arrive at such a conclusion. The Court does not deviate from its existing judicial precedents and provides a ‘harsh’ evaluation of facts and law. It can be concluded that this judgement has the potential to reinstate the prevalent stereotype against religious minorities in Europe. The majority judgement lacks the radical introspection of the existing jurisprudence and the insight into the far-fetched consequences of the Ban. The judgement relies upon the doctrine of ‘living together’, it is not a distant possibility that, the consequences might be just the opposite, i.e., rather than assisting people to live together, it might exclude the minorities from the mainstream society altogether. It would not be an astonishment if some other European nations are quick to come up with similar antagonizing legislations.