On Monday, 67 years after Independence, Pakistan's lawmakers will discuss a marriage law for Hindus. In the absence of such a law, Hindus in the country do not even have a legal document as proof of marriage.
The National Assembly Standing Committee on Law, Justice and Human Rights headed by Chaudhry Muhammad Bashir Virk is set to review a private member’s bill, namely Hindu Marriage Act 2014, jointly moved last year by Ramesh Lal of the Pakistan People’s Party and Dr Darshan of the Pakistan Muslim League (Nawaz) and a similar government bill that had been tabled by Law Minister Pervaiz Rashid in March, this year.
The two bills will establish rules and regulation for registration of marriage and divorce for Hindu Pakistan
Lal said he had consulted elders and legal experts of the Hindu community on the draft prepared by the government and there were no major objections to it. He also consulted former senior Supreme Court judge late Rana Bhagwandas while preparing the draft of his law.
“There are only a few minor issues which will be resolved soon,” he said.
Difference in jurisdiction
A major difference between Lal’s draft and the government bill is the jurisdiction of the law. The federal government terms the Hindu marriage a provincial subject and the draft of the government bill states that the law will apply only to Islamabad Capital Territory. On the other hand, the private member bill states that the law will be applicable across the country.
“The Statement of Objects and Reasons” attached to the government bill notes that “a large section of the Hindu community, particularly women, does not have basic documentation to prove their marital status or identity”.
“They are also deprived of legal rights such as inheritance, remarriage, separation, adoption of children and annulment of marriage. This legislation will institutionalise marriage and marriage-related legal rights thereof,” it says.
The Clause 5 of the private member bill outlines conditions for Hindu marriage, according to which the age of the groom and bride must be 18 years or above.
The two bills also describe the procedure for the appointment of registrars by the government to solemnise marriages and the legal process for seeking divorce by any party.
The legislation responds to a growing demand from Hindu Pakistanis and civil society organisations working for minority rights for rules and regulation to oversee Hindu marriages and divorce.
This article first appeared on Dawn.com.
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The National Assembly Standing Committee on Law, Justice and Human Rights headed by Chaudhry Muhammad Bashir Virk is set to review a private member’s bill, namely Hindu Marriage Act 2014, jointly moved last year by Ramesh Lal of the Pakistan People’s Party and Dr Darshan of the Pakistan Muslim League (Nawaz) and a similar government bill that had been tabled by Law Minister Pervaiz Rashid in March, this year.
The two bills will establish rules and regulation for registration of marriage and divorce for Hindu Pakistan
Lal said he had consulted elders and legal experts of the Hindu community on the draft prepared by the government and there were no major objections to it. He also consulted former senior Supreme Court judge late Rana Bhagwandas while preparing the draft of his law.
“There are only a few minor issues which will be resolved soon,” he said.
Difference in jurisdiction
A major difference between Lal’s draft and the government bill is the jurisdiction of the law. The federal government terms the Hindu marriage a provincial subject and the draft of the government bill states that the law will apply only to Islamabad Capital Territory. On the other hand, the private member bill states that the law will be applicable across the country.
“The Statement of Objects and Reasons” attached to the government bill notes that “a large section of the Hindu community, particularly women, does not have basic documentation to prove their marital status or identity”.
“They are also deprived of legal rights such as inheritance, remarriage, separation, adoption of children and annulment of marriage. This legislation will institutionalise marriage and marriage-related legal rights thereof,” it says.
The Clause 5 of the private member bill outlines conditions for Hindu marriage, according to which the age of the groom and bride must be 18 years or above.
The two bills also describe the procedure for the appointment of registrars by the government to solemnise marriages and the legal process for seeking divorce by any party.
The legislation responds to a growing demand from Hindu Pakistanis and civil society organisations working for minority rights for rules and regulation to oversee Hindu marriages and divorce.
This article first appeared on Dawn.com.
