China mulls law to ban clothes that hurt 'country's spirit'; punishment includes jail, Rs 58,000 fine

A proposed legislation aiming to prohibit speech and fashion choices has ignited a contentious debate within China. Should this law be enacted, individuals found guilty could face fines or imprisonment, although the proposal currently lacks a clear definition of what constitutes an offence.

Both social media users and legal experts have called for greater clarity to prevent arbitrary enforcement.

China recently introduced a series of proposed revisions to its public security laws, marking the first major reforms in decades.

The clothing law, in particular, has provoked swift and widespread reactions from the public, with many online users condemning it as excessive and absurd.

The controversial clauses suggest that individuals who wear or compel others to wear clothing and symbols that "undermine the spirit or hurt the feelings of the Chinese nation" could face detention for up to 15 days and fines of up to 5,000 yuan (Rs 58,000). Those who create or disseminate articles or speeches with similar effects could also be subject to the same penalties.

The proposed legal changes also prohibit "insulting, slandering, or otherwise infringing upon the names of local heroes and martyrs" and the vandalism of their memorial statues.

Online, people are questioning how law enforcement authorities would unilaterally determine when the nation's "feelings" have been "hurt."

One user on the Chinese Twitter-like platform Weibo asked, "Will wearing a suit and tie count? Marxism originated in the West. Would its presence in China also be considered as hurting national feelings?"

Legal experts within the country have also criticised the vague wording of the law, warning that it could be prone to abuse.

Zhao Hong, a law professor at the Chinese University of Political Science and Law, told BBC that the lack of clarity could lead to violations of personal rights. She cited a case from last year in China where a woman wearing a kimono was detained in Suzhou and accused of "picking quarrels and provoking trouble." The incident caused outrage on Chinese social media.

There have been other instances of crackdowns as well. In March of this year, police detained a woman wearing a replica of a Japanese military uniform at a night market. And last month, individuals wearing rainbow print clothing were denied entry to a concert by Taiwanese singer Chang Hui-mei in Beijing.

One popular social commentator, writing under the pen name Wang Wusi, questioned, "To wear a kimono is to hurt the feelings of the Chinese nation, to eat Japanese food is to jeopardize its spirit? When did the feelings and spirit of the time-tested Chinese nation become so fragile?"

In 2019, the Chinese Communist Party issued "morality guidelines," which include directives like being polite, minimising one's carbon footprint, and having "faith" in Mr. Xi and the party.