In a noteworthy decision, the Punjab and Haryana High Court recently dismissed a public interest litigation (PIL) seeking to make the celebration of Karwa Chauth mandatory for all women, regardless of their marital status. The Bench, comprising Chief Justice Sheel Nagu and Justice Sumeet Goel, also imposed a token cost of ₹1,000 on the petitioner, Narender Kumar Malhotra, to be paid to the Poor Patient Welfare Fund, PGIMER, Chandigarh.
“The said subject falls within the exclusive domain of the legislature, and this Court, therefore, declines interference in the present matter,” the Court stated in its January 22 order.
The petitioner had called for a law to mandate Karwa Chauth rituals for all women, including widows, divorcees, and women in live-in relationships, arguing that the festival could serve as a celebration of good fortune. The petitioner also proposed renaming the festival as “Maa Gaura Utsav” or “Maa Parvati Utsav” and sought penalties for any group or person who denied participation to women.
The Court observed that the petitioner expressed concerns about societal restrictions preventing certain groups of women, such as widows, from participating in the festival. However, the Bench maintained that legislating such a mandate was beyond judicial purview, as it fell under the legislature’s domain.
After the Court expressed its unwillingness to entertain the plea, the petitioner’s counsel sought to withdraw the petition. The Court granted the withdrawal but imposed the cost, emphasizing the frivolous nature of the plea.
The petitioner appeared in person alongside advocate Satish Chaudhary, while Additional Solicitor General Satya Pal Jain and advocate Neha Sharma represented the Union of India.
Case: Narender Kumar Malhotra vs Union of India and ors – Available on LAWFYI.IO
