LAHORE: The Lahore High Court has directed the Punjab government to introduce a new legislation to incorporate dowry items in Nikahnama (marriage certificate) so the miseries of women litigants seeking recovery of their dowry after marital break-up can be reduced.

“There should be a law which would state upon marriage, all things relating to marriage i.e. dowry should be duly incorporated in the columns of Nikahnama so that the miseries and obstacles of the female litigants could be curbed down in future and providing a strong and concrete social and legal set-up,” Justice Tariq Iftikhar Ahmad observed in a judgement passed on a writ petition filed by a woman. The petitioner challenged ‘miscalculation’ of dowry items by a lower court of Bahawalpur.

The judge in his verdict observed that the menace of dowry had become a social threat in modern Pakistan leading to oppression of women, physical violence against brides, causing a financial and emotional stress to the parents of the brides as well.

“This dogma should be removed and shackled with an iron hand at grassroots level and should be uprooted to maintain serene and harmony in society,” the judge says.

The judge regrets that successive governments in independent Pakistan retained most of the laws inherited from the British without amendments. “Hence, today unfortunately personal laws are different in Pakistan depending on which religion the person belongs to. For Muslim women and Christian women the rights are even less,” the judge adds.

Justice Ahmad observed that the incorporation of dowry items in the Nikahnama, if implemented, by the legislature would be more effective in eradicating the problems of dowry issues in courts as well as in society.

The judge says the brides should also be educated and well informed about negative impacts of dowry and should be taught that they can lead a better life with more independence and happiness.

The judge advises women to make bold moves towards exposing families demanding dowry using the help of the legal system saying the legal system should be made more accommodative to make the brides and their family members comfortable.

Justice Ahmad directed the law secretary to take up the matter with the quarters concerned for carrying out requisite legislation at the earliest.

The judge, however, dismissed the petition finding no illegality or irregularity in the impugned decision of the lower court regarding the evaluation of the dowry items’ value.

Published in Dawn, April 5th, 2017

Opinion

Editorial

Smog hazard
Updated 05 Nov, 2024

Smog hazard

The catastrophe unfolding in Lahore is a product of authorities’ repeated failure to recognise environmental impact of rapid urbanisation.
Monetary policy
05 Nov, 2024

Monetary policy

IN an aggressive move, the State Bank on Monday reduced its key policy rate by a hefty 250bps to 15pc. This is the...
Cultural power
05 Nov, 2024

Cultural power

AS vital modes of communication, art and culture have the power to overcome social and international barriers....
Disregarding CCI
Updated 04 Nov, 2024

Disregarding CCI

The failure to regularly convene CCI meetings means that the process of democratic decision-making is falling apart.
Defeating TB
04 Nov, 2024

Defeating TB

CONSIDERING the fact that Pakistan has the fifth highest burden of tuberculosis in the world as per the World Health...
Ceasefire charade
Updated 04 Nov, 2024

Ceasefire charade

The US talks of peace, while simultaneously arming and funding their Israeli allies, are doomed to fail, and are little more than a charade.