Petition filed in LHC challenging DC's refusal for Aurat March

Petitioners request court to 'set aside the impugned order for being arbitrary, discriminatory'

LAHORE:

A writ petition was filed in the Lahore High Court on Saturday (LHC) challenging an order of the deputy commissioner (DC) of Lahore, Rafia Haider, in which she declined to give permission for Aurat March in the provincial capital on March 8 2023.

The petition was filed by Khawar Mumtaz, Leena Ghani and Hiba Akbar in which the deputy commissioner Lahore, the government of Punjab through its chief secretary, and capital city police officer (CCPO) Lahore were made respondents.

The petitioners implored the court that the aforementioned impugned order is “arbitrary and colourable exercise of power and is in clear violation of the fundamental rights guaranteed in the Constitution of the Islamic Republic of Pakistan”.

Requesting the court to strike down the commissioner’s impugned order, the petition added that the order “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”.

Read: Aurat March 2023 to be held on March 12 in Karachi

The Aurat March was held for the first time in Karachi, Hyderabad, Islamabad, Peshawar, Quetta and Lahore in 2018 to mark International Women’s Day, a universally celebrated day to raise awareness about women’s rights.

It is run entirely by citizens working voluntarily, as the Aurat March does not partner with non-governmental organisations (NGOs), political parties or corporations.

The event gradually evolved into a social movement with women and transgender people from all spheres of life joining hands to work for women and trans rights. Journalists, lawyers, doctors, artists, engineers, homemakers, trade union activists and students have all historically joined the annual Aurat March event.

Petitioners further contended that in the last five years, the Aurat March has grown into various city-based chapters. Each year before the march, all the 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, Aurat March Lahore Chapter’s manifesto was on ‘Women’s Healthcare”, and in 2022 the manifesto focused on the idea of justice namely “Reimagining Justice”.

Aurat March Lahore’s 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 noted that in response to the request letter for facilitation, the respondent (deputy commissioner) sought a meeting with the representatives of the organisers of the Aurat March which was held at the Respondent’s office on February 28, 2023.

Also read: The long road to freedom: With a new venue, Aurat March 2022 centered inclusivity

“The meeting was held in an apparently cordial atmosphere during which the respondent did not raise any serious objection and did not even hint at the possibility that the Aurat March would not be allowed to be held,” read the petition.

The petitioners added that “It was only on 3rd March 2023, three days later when the petitioners received the impugned order which put a blanket ban on the holding a lawful assembly”.

The petitioners requested 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 of the Islamic Republic of Pakistan, depriving the petitioners of their fundamental rights,” and also requested to suspend the operation of the impugned order till the final adjudication of the titled petition.

It was also requested the court to pass directions to concerned quarters to fully facilitate the petitioners and all the women of Lahore to peacefully participate in the Aurat March being organized at Nasir Bagh, Lahore.