LHC judge refuses to hear plea seeking permission for Aurat March

Lahore High Court's (LHC) Justice Muzamil Akhtar Shabir on Monday refused to hear a plea challenging the Lahore deputy commissioner's order wherein he had declined the permission to hold Aurat March on International Women’s Day on March 8. Justice Muzamil sent the case file to the LHC chief justice requesting to pass it to another bench. Petitioners Khawar Mumtaz, Leena Ghani and Hiba Akbar had filed the petition in which the Lahore deputy commissioner, Punjab government through its chief secretary, Lahore capital city police officer (CCPO) and the National Commission for Human Rights through its Punjab member were made respondents. The petitioners implored that the aforementioned impugned order is "an arbitrary and colourable exercise of power" and requested the court to strike down the commissioner’s order. The petition stated that the order is in clear violation of the fundamental rights guaranteed in the constitution - particularly but not limited to the right to assembly, freedom of speech as well as the right to non-discrimination and to be treated in accordance with law as guaranteed in Articles 15, 16, 17, 19 and 25, respectively. The petitioners maintained that they represented a multitude of Pakistani women of all hues who struggle for a better Pakistan. They have supported and worked for the promotion of human rights and freedoms guaranteed by the constitution, especially for the most vulnerable segments of society. The petitioners have initiated campaigns against discriminatory legislation, policies and social practices as well as crimes against women and transgender people. They have also participated in rallies and marches for women’s rights, including the Aurat March which is annually held across Pakistan since 2018 on March 8 to celebrate International Women’s Day. Read Plea challenges DC’s refusal to allow Aurat March It is run entirely by citizens working voluntarily as the Aurat March does not partner with NGOs, political parties or corporations. It gradually evolved into a social movement with women and transgender people from all spheres of life joining hands to work for women's and trans rights. Journalists, lawyers, doctors, artists, engineers, homemakers, trade union activists and students have all historically joined the annual Aurat March event. The petitioners contended that in the last five years, the Aurat March has grown into various city-based chapters. Each year, before the march all chapters including the Lahore chapter release a well-researched manifesto and set of demands centering on various women and transgender persons’ related issues. For instance, in 2020, the Aurat March Lahore chapter’s manifesto was on women’s healthcare and in 2022 it focused on reimagining justice. The manifesto is drafted after extensive research and meetings with relevant communities and stakeholders. This year, the theme for Aurat March is “Feminism in Times of Crisis” which addresses issues of food insecurity, violence against women and transgender persons, economic justice, man-made disasters and climate justice. The petition stated that the Aurat March seeks to propose solutions that would challenge patriarchal cultural norms and withstand the changing political course. It believes in voluntary collective action which would ultimately translate into better laws and policies, "improving our collective lives at the community, local, national and international levels". Read More Lahore DC refuses permission for Aurat March, fears clash with JI The reform of the Protection Against Harassment of Women at the Workplace Act 2010 has been a result of this movement’s activism, as the Lahore Chapter, in 2020 and 2021, had demanded the Act to include “the protection for working women that operate within formal, informal and semi-formal sectors” and include “independent and sub-contract workers within written or other contracts". In response to the request letter for facilitation, the deputy commissioner sought a meeting with the representatives of the Aurat March organisers, which was held at the respondent’s office on February 28, 2023. The meeting was held in a "cordial atmosphere" during which the respondent did not raise any serious objection or imply that the Aurat March would not be allowed to be held. Three days later, the petitioners received the impugned order which put a blanket ban on the holding of a lawful assembly. A bare reading of the impugned order passed by the deputy commissioner demonstrates that the order has been passed not just in an "arbitrary and wholly unfair manner" but also that there is "a terribly prejudiced mind of a state functionary at work against human rights campaigners". They prayed the court to set aside the impugned order for being arbitrary, discriminatory and ultra vires of Articles 4-A, 15, 16, 17, 19 and 25 of the constitution, depriving the petitioners of their fundamental rights. They requested the court to suspend the operation of the impugned order till the final adjudication of the titled petition. It was also requested that the court pass directions to concerned quarters to fully facilitate the petitioners and all the women of Lahore to peacefully participate in the Aurat March being organised at Nasir Bagh this year.

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