Punjab reply sought in Marriage Ordinance case

LAHORE

The Lahore High Court on Monday issued notice to the Punjab government on a petition challenging the Punjab Marriage Functions Ordinance promulgated for regulations of marriage functions and other related ceremonies.

Justice Mirza Viqas Rauf sought a reply from the Punjab government until February 10 and also sought assistance from advocate general, Punjab.

A citizen has filed the petition, pleading that the restrictions of one-dish and limited time for wedding functions under Punjab Marriage Functions Ordinance, 2016 and its implementation on houses are in violation of fundamental rights.

He said that the impugned ordinance was related to marriage functions in a house and according to section 2(c) of the Ordinance house means a private residence and in section 2(g) a private residence, farmhouse or any other property hired for the purpose to celebrate of the marriage ceremony.

He said that through section 2 © and 2 (g) of the impugned ordinance read with section 6 and 9 power has been given to the DCO to enforce the law in private residences and violation will attract the punishment of one month or minimum of Rs50,000 and maximum of Rs2 million.

He pleaded that holding a marriage at a public place in view of the impugned ordinance has been fixed with consequences and as such it was ultra vires of the Constitution.

He asserted that the issue related to enforcement of fundamental rights and right of life read with quality of life, right of privacy and to enjoy the life accordingly and the government through an ordinance could not interfere. He said that the Punjab government in excess of jurisdiction under article 128 promulgated the ordinance in 2016, which was drafted in 2015, and the Punjab Assembly can only pass such law when it was in session. He submitted that the impugned ordinance was in violation of articles 9, 10-A, 14 and 25 of the Constitution.

He argued that the government has not authority to interfere within the private premises and as such this law is illegal beyond the power of government. He said that the Punjab governor had no authority to pass such an ordinance for taking away fundamental rights of the citizens.

He requested to set aside the impugned ordinance being ultra vires of the Constitution and in direct conflict with the fundamental rights of the citizens.