Punjab And Haryana HC Cracks Down On Frivolous Litigation, Dismisses Petition For Mandatory Karva Chauth With ₹1,000 Cost

There has been a sharp increase in public interest litigations of a frivolous and non-serious nature. In one such instance, the Punjab and Haryana High Court recently dismissed a petition seeking mandatory observance of Karva Chauth by all women but imposed a cost of only Rs 1000 on the petitioner to be paid to the welfare fund for poor people at PGIMER Medical University in Chandigarh.

The petitioner, Narender Kumar Malhotra, argued that certain sections of women are not allowed to perform the rituals of Karva Chauth. He advocated a law to make observance of Karva Chauth mandatory for all women, including widows, divorcees and those in live-in relationships, without any discrimination. He wanted Kavwa Chauth to be declared a ‘festival of good fortune for womenfolk'.

The bench denied his plea while observing that the subject falls solely within the domain of the legislature. Karva Chauth is observed by married Hindu women who observe a day-long fast without food or water to pray for their husbands’ long lives. They break the fast only after worshipping the moon. The celebration of Karva Chauth is confined to pockets of North India.

The very fact that a petition can be filed regarding its compulsory observance sets a dangerous precedent in the country. Observance of rituals or festivals is an individual choice and cannot be imposed by the courts or the government. In a democracy, a person’s faith or belief is an individual choice and cannot be dictated by anyone.

Any attempt to impose uniformity goes against the secular ethos of the country. In 2023, while adjudicating in a marital dispute case, the Delhi High Court had observed that not fasting on the festival of Karva Chauth may be the wife’s choice, and if “dispassionately considered”, may not be termed as an act of cruelty grave enough to sever marital ties.

Petitions relating to the compulsory wearing of sindoor and mangalsutra by married women have also been filed in the past. It is time for the courts to crack down on such pleas of a wholly patriarchal nature. Heavy costs should be imposed on those who waste the time of the courts on such frivolous petitions.

As it is, courts are overburdened with cases of a much more serious nature. When they are called upon to deal with petitions like these, valuable resources and time are wasted. In the same vein, the Supreme Court had last year observed that frivolous and vexatious proceedings should be met with due sanctions in the form of exemplary costs so that petitioners are dissuaded from approaching the court with pleas that add to the pendency and delay in disposal of cases that are crying for speedy justice. This tendency to grandstand on issues of little importance needs to be nipped in the bud.

Published on: Tuesday, January 28, 2025, 04:53 AM IST