ISLAMABAD: For Pakistani Hindus, living without a marriage law for the last 67 years, another year was wasted by lawmakers who, on Monday, will finally take up the Hindu marriage bills moved last year.

The National Assembly Standing Committee on Law, Justice and Human Rights headed by Chaudhry Muhammad Bashir Virk is set to review a private member bill, namely Hindu Marriage Act 2014, jointly moved last year by Ramesh Lal of PPP and Dr Darshan of PML-N 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 Pakistanis, as currently in the absence of such a law, Hindus in the country do not even have a legal document as proof of marriage.

PPP’s Ramesh Lal said that it appeared that the government wanted to take credit as there was hardly any difference between the bill moved by him and the government bill. He said they had moved the bill in March last year and it was pending before the concerned committee, when the government introduced its own bill this year.

The bill moved in March is almost identical to private members’ bill moved last year

Mr 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. “There are only a few minor issues which will be resolved soon,” he said.

When asked if he was ready to withdraw the private member bill in the committee meeting, the PPP MNA said a decision would be made after judging the government’s intentions.

Mr Lal said that he had even consulted former senior Supreme Court judge late Rana Bhagwandas while preparing the draft of his law.

A major difference between the two bills 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 states 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,” adding that “this act is applicable to every person who is Hindu by his or her religion in any of its forms”.

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.

Published in Dawn, July 6th, 2015

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