Chandigarh: The Punjab and Haryana high court made it clear that it cannot issue any directive compelling the central govt to enact a law mandating all women, without exception, to observe “Karva Chauth” rituals or to penalise those who fail to do so.
While dismissing a plea that sought directions to declare Karva Chauth be declared as a ‘festival of good fortunes for womenfolk’, ‘Maa Gaura Utsav’ or ‘Maa Parvati Utsav’, the high court imposed a token cost of Rs 1,000 on the petitioner. Ther plea also requested to declare the celebration of the festival of Karva Chauth by womenfolk irrespective of their status as widows, separated, divorcees, and women in live-in relationships.
A division bench comprising chief justice Sheel Nagu and justice Sumeet Goel passed these orders while hearing a ‘public interest litigation‘ (PIL) filed by Narender Kumar Malhotra, a resident of Panchkula district in Haryana.
The principal grievance, which was projected as a social cause by the petitioner, appeared to be that a certain section of women, especially widows, are not allowed to perform the rituals of Karva Chauth. Therefore, a law should be promulgated making it compulsory for all women, without any discrimination, to perform Karva Chauth rituals, and in case of default, the act of default should be made punishable.
Refusing to entertain the plea, the bench observed that “the said subject falls within the exclusive domain of the legislature and this court, therefore, declines interference in the present matter”.
Upon this, the petitioner requested to withdraw the plea, which the HC permitted with a token cost of Rs 1,000 to be deposited by the petitioner with the poor patient welfare fund, PGIMER Chandigarh.
The petitioner sought directions to the central govt and the state of Haryana to take suitable measures for the implementation of the same provisions by making relevant amendments in law to ensure the participation of all sections and classes of women in the Karva Chauth held in the evening of the day of the festival. Denial or refusal by any group of persons to such participation must be declared punishable, and such action on their part should be untenable and liable to be quashed.
BOX: What the petitioner prayed for:
To declare Karva Chauth as a ‘festival of good fortune for womenfolk’, ‘Maa Gaura Utsav’, or ‘Maa Parvati Utsav’
To declare the celebration of Karva Chauth by womenfolk, regardless of their status as widows, separated, divorcees, or women in live-in relationships
To enact a law making it compulsory for all women, without any discrimination, to perform Karva Chauth rituals
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