Paves the way for adoption of a comprehensive and widely acceptable family law for Hindus in Pakistan
Pakistan’s National Assembly on Friday passed the amended and log-pending, Hindu Marriage Bill 2016. The Bill, which now needs the signature of President Mamnoon Hussain to become law, was tabled before the House on Thursday by Minister of Human Rights Kamran Michael.
“The Ministry of Human Rights took the initiative to protect the rights of minorities in the country after obtaining a no-objection certificate from the Ministry of Religious Affairs,” Michael told Dawn. The senator said that it was a constitutional obligation to safeguard the legitimate rights and interests of minorities, adding that there was no law to regulate the registration of Hindu marriages and ancillary matters thereto.
Under this Bill, a Hindu marriage shall be solemnised if at the time of marriage, the parties are of sound mind and capable of giving valid consent. Moreover, both the parties must at least be 18 years old. This Bill will also enable members of the Hindu community to get their marriages registered, while separation cases could be resolved in the courts. The Bill also allows separated Hindu people to remarry.
“Clause 17 of the Bill states that Hindu widows will have the right to remarry of their own will and consent after the death of the husband, provided a period of six months has lapsed after the husband’s death,” reported Tribune.
The Bill also involves penalties for violating the provisions which also enable Hindus to finally have a proof of marriage document called the shadiparat, similar to the nikahnama for Muslims.
According to the Bill, the wife can present a petition for termination of her marriage on various grounds. These include the husband neglecting his wife, or failing to provide her maintenance for a period of two years, and the husband being sentenced to imprisonment for a period of four years or more. Whether her marriage is consummated or not, was solemnised before she attained the age of 18 years, and whether a woman repudiated the marriage before attaining that age is also legitimate grounds, reported Tribune.
Having worked on the Bill for three years, the Ministry of Human Rights also obtained resolutions from the provincial governments in order to ensure the law is applicable across the country. The law will be applicable in Balochistan, Punjab and Khyber Pakhtunkhwa. Sindh has already composed its own version of the Hindu Marriage Law. Earlier this year, the Pakistan Senate’s Functional Committee on Human Rights had unanimously approved the Bill.
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