ISLAMABAD: The National Commission for Human Rights (NCHR) on Tuesday urged the Punjab government to take immediate and substantial steps for the implementation of the Hindu Marriage Act 2017.

In a letter written by NCHR Member Punjab Nadeem Ashraf to Punjab Chief Secretary Zahid Akhtar Zaman, the commission called for immediate notification of Hindu marriage registrars, potentially secretaries of union councils.

“The NCHR Regional Office Lahore is actively engaged with the Chief Secretary’s Office, and a follow-up hearing by Nadeem Ashraf, Member (Punjab), NCHR, is scheduled for the last week of January 2024,” said NCHR Chairperson Rabiya Javeri Agha in a statement.

The Hindu Marriage Act 2017 regulated the registration of Hindu marriages and divorces. Though being a federal law, the act was also applicable in Balochistan, Khyber Pakhtunkhwa and Punjab.

NCHR letter says community being deprived of fundamental right

“However, it has been observed that the said law was not being implemented and as a consequence, the Hindu community was being deprived of their fundamental right of documentation of their marriages, divorces and issuance of child registration certificate,” the letter said.

The letter called for the personal intervention of Punjab chief secretary for provision of one of the basic rights to the Hindu community by implementing the act, starting with the formulation of pending rules such as notification of Hindu marriage registrars.

Responding to multiple complaints and recognising the urgency of the issue, the National Commission for Human Rights (NCHR) Punjab Office took the lead by directing the representative of the human rights and minority affairs department to compile comprehensive details and submit a report within a week.

“In light of the ambiguity surrounding the administrative department responsible for implementing the Hindu Marriage Act, 2017, notices were issued to the Secretary Local Government and Community Development Department. Following that, the matter was taken up at the chief secretary level for the provision of basic rights to the Hindu community urged the Punjab government to immediately notify Hindu marriage registrars, potentially secretaries of union councils,” the NCHR chairperson said.

The NCHR study identified that the hindrance in effective implementation of the Hindu Marriage Act 2017 was multi-layered. The bureaucratic processes, marred by lethargy, stood as a significant impediment, causing delays and inefficiencies in the execution of the law. Compounding this issue was a pervasive lack of awareness among all stakeholders.

Moreover, the inadequacy of allocated resources further compounded the problem, hindering the smooth functioning of registration processes essential to the act’s enforcement. The societal biases prevalent within the system added another layer of complexity, impeding the law’s effective implementation.

NCHR Chairperson Rabiya Javeri Agha said the path forward required a comprehensive strategy to bridge the gap between legislative intent and implementation of the act.

“Streamlining bureaucratic processes and establishing efficient registration mechanisms are imperative for ensuring a smooth and effective application of the law. Simultaneously, launching comprehensive awareness campaigns and sensitisation training for officials involved in the registration process is essential in addition to collaborating with civil society organisations to further reinforces accountability and strengthen advocacy for the protection of minority rights,” she added.

Published in Dawn, January 17th, 2024