Police officers stand on guard next to a woman wearing a burqa
Police officers stand on guard next to a woman wearing a burqa near the venue where controversial Dutch member of parliament Geert Wilders will speak in the Sydney suburb of Liverpool February 22, 2013. Security at the function centre was tight for Wilders, who speaks against the spread of Islam across the world. Reuters

Tasmania Senator Jacqui Lambie's attempt to ban burqa may be unconstitutional, according to at least two legal experts.

The constitution of Australia may not allow the ban of burqa in the country. Lambie earlier expressed her desires to make attempts to ban burqa in the country. According to her, the facial cover used by some of the Muslim women falls into the category of "identity concealing religious garments." However, legal experts said that the proposed ban could be a violation of the section 116 which would prohibit the legislature from interfering from any individual's religious practice. "The Commonwealth shall not make any law ...for prohibiting the free exercise of any religion," the section says.

The Sydney Morning Herald reported that Lambie had hoped for a conscience vote on the matter. She, on the other hand, clarified that she had not discussed the issue with other PUP colleagues. Lambie has previously made "strident" remarks on several Islamic practices like the burqa and sharia. Palmer United leader Clive Palmer, on the contrary, declared publicly that he was not in agreement with Lambie regarding the topic. According to legal expert George Williams, Lambie may fail in her attempts to ban what a number of Muslim women follow as their religious belief.

Williams said that, instead of banning the head scarf, preserving the right of identity checks for national security should be a better choice. "A law banning the burqa per se throws up constitutional red flags and may well be struck down under section 116," Williams said, "If you had a law banning people from covering their face, it would be unworkable. It would frankly be a bit silly, which goes to the heart of this debate."

Lambie earlier said that her home state supporters agree with her on the ban. She said that she had plans to introduce a Private Members Bill in the senate. She said that her office had received around 1000 emails and phone calls that show their support on banning the Islamic practice. According to Lambie, a huge majority of the people who had contacted her officer were in favour of putting a ban on "identity-concealing garments."

Contact the writer: s.mukhopadhyay@ibtimes.com.au