Haredim are punished, others are not: The petition that puts the Supreme Court to the test

The organization "Emet LeYaakov BeIsrael" filed a petition today (Monday) to the Supreme Court demanding the equal application of enforcement mechanisms and sanctions on all those who do not report for military service, rather than focusing them solely on the Haredi public. In the petition, filed through attorney Yehuda Abeles, it is claimed that the state operates economic and civil enforcement mechanisms against Haredim, while other populations that the petitioners claim are subject to the duty to report are not required to deal with similar measures.

At the center of the petition is a "general call-up order," an official order that establishes the duty to report for those who have reached draft age, even without an individual order. The petitioners argue that if the state relies on it to impose sanctions on yeshiva students, it must apply the same principle to other populations as well.

The petition comes after a long period in which the issue of enforcement against Haredi draft evaders has been at the center of discussions in the Supreme Court and the positions of the Attorney General. In recent months, the Attorney General demanded to expand enforcement measures against Haredi draft evaders, including economic measures and proactive arrests.

The Supreme Court ruled that the state is required to take effective measures against draft evaders. In a discussion in the Knesset last June, Deputy Attorney General Gil Limon said that following the ruling, the state is required to deny benefits to those who do not regulate their military status, including daycare subsidies.

Now, "Emet LeYaakov BeIsrael" is asking to apply the principle of equality in the other direction as well. They argue that if non-appearance under the general order allows the state to deny benefits and impose restrictions on Haredim, there is no justification for refraining from applying the same mechanisms to other citizens who, in their view, are subject to the same duty to report.

It is further claimed in the petition that even a person who believes they are entitled to an exemption is not allowed to simply avoid reporting. According to the petitioners, they must arrive at the recruitment office and regulate their status, and only then can the authorized bodies determine if they are indeed entitled to an exemption.

The petitioners are not asking to change the recruitment policy itself, but to apply the enforcement mechanisms uniformly. Among the sanctions they seek to apply equally: denial of municipal tax discounts, daycare subsidies, public transportation benefits, and benefits in housing programs.

On behalf of the organization "Emet LeYaakov BeIsrael" it was stated:

"There cannot be a situation where the law is enforced in a selective and discriminatory manner. If the judicial system and the state determine that non-appearance according to a general call-up order entails economic sanctions and registration as a draft evader – this rule must apply universally and equally to every citizen in the State of Israel who reaches draft age, without distinction of religion, nationality, or sector. One law for all."