Punjab and Haryana High Court slaps ₹1,000 costs on PIL to make Karwa Chauth compulsory

The Punjab and Haryana High Court recently refused to entertain a public interest litigation (PIL) petition that called for a law to make it compulsory for women to celebrate Karwa Chauth, regardless of their marital status [Narender Kumar Malhotra v. Union of India and ors]..The Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel also imposed a token cost of ₹1,000 on the petitioner, 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 reasoned. .According to the January 22 order passed by the Court, the petitioner had expressed concern that certain sections of women, especially widows, are not allowed to celebrate Karwa Chauth. The PIL petitioner, therefore, called for laws to ensure that such women also participate in the festival, which usually involves a day of fasting (from sunrise to moonrise) by married Hindu women for the safety and longevity of their husbands. To this end, the petitioner called for a law to make it compulsory for all women without any discrimination and regardless of marital status to perform Karwa Chauth rituals, the Court noted. Any default in this should be made punishable, the petitioner added.The petitioner argued that Karwa Chauth can be celebrated by women, irrespective of their status as widows, legally separated, divorcees or women in live-in relations.He also urged the Court to declare the festival as a festival of good fortunes for women folk or "Maa Gaura Utsav" or "Maa Parvati Utsav."Further, he called for a law to ensure that all sections and classes of women participate in the festival so that "the denial or refusal by any group of persons to such participation" is "declared punishable."After the Court expressed its disinclination to entertain the plea, the petitioner's counsel eventually sought to withdraw it. Accordingly, the Court allowed the same but imposed costs of ₹1,000. .The petitioner, Narender Kumar Malhotra, appeared in person and was also represented by advocate Satish Chaudhary.Additional Solicitor General Satya Pal Jain along with advocate Neha Sharma represented the Union of India. .[Read Order]