Leavened bread will remain banned from IDF bases during Passover as the High Court of Justice rejected a petition on Sunday that sought to limit the restrictions to common dining areas.
The ruling found that the injury to the rights of those who wished to consume leavened food products was limited in proportion to the needs of the military and those keeping Passover dietary restrictions.
The petition argued that the military’s orders banning leavened food, or “hametz,” violated Basic Law: Human Dignity and Liberty by infringing on the constitutional right of autonomy of choosing their food and freedom of religion of soldiers, forcing them to observe facets of the holiday.
The army will continue to serve kosher food to its soldiers
It was contended that the army has the right to protect the kosher food it is obliged to provide in common areas but not in places beyond this.
The soldiers are made to participate in cleaning and organizing the base for Passover, which involves the cleaning of rooms, and they say the searching of personal bags on base and when entering the base. Section 7c of the Basic Law holds that “no search shall be held on the private premises of a person, upon his body, in his body, or among his private effects.”
The IDF said that the military has no policy for searching soldiers entering bases or their personal belongings for hametz. The IDF also said that it would improve procedures for addressing complaints connected to the matter.
Justice Gila Canfy Steinitz, who led the ruling, argued that the scenario met the criteria of section 9 of the Basic Law, which states that the rights of servicemen should not be limited save for the “extent that does not exceed what is required by the essence and nature of the service.”
There is an important public interest in the army’s provision of kosher food for soldiers. It would be difficult for religious soldiers to live in close quarters with others if they were in possession of Hametz, and the tensions that would arise would damage the routine and unit cohesion.
Steinitz contended that the injury to rights was relatively low in the face of the need for a kosher for Passover base. The dietary restrictions were only in effect for a few days each year, and the number of those affected is small since many soldiers are given holiday leave or leave base at the end of the day.
The IDF acts in proportion to the injury to rights in its efforts to achieve its objectives, the court noted, and one should not interfere in its decisions and cause harm to its operation. The injury to rights is also in proportion to the objective of the army orders since, by its very nature, military service involves the extensive denial of freedoms.
Justice Alex Stein and Justice Isaac Amit concurred with Steinitz, but Amit bemoaned that the petition led to an unnecessary conflict of rights between soldiers serving together.
The petition was submitted in 2021 by the secular forum, the Hiddush organization for freedom of religion and equality, and parents whose children were serving or were to serve in the IDF.