A representational image of a bride and groom holding hands. — Unsplash/File

Sindh forms three-member panel to review Christian marriage, divorce laws

by Pakistan News
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A representational image of a bride and groom holding hands. — Unsplash/File

The Sindh government has established a three-member committee to consider amending the Christian Marriage Act of 1872 and the Divorce Law of 1869 during a minority rights meeting chaired by Giyanchand Essarani, Adviser to the Chief Minister on Rehabilitation and Convener of the Parliamentary Working Group.

Essarani also instructed officials to address identified shortcomings in Hindu inheritance and marriage laws, review proposals to improve the registration system for pandits and registrars, and develop a comprehensive policy for minority rights, The News reported.

The participants were informed that the Christian Marriage Act was enacted in 1872, while the divorce law dates back to 1869, both introduced during the British colonial period. The meeting noted that the existing law sets the marriageable age at 13 years for men and 16 years for women, which differs from current state laws.

It was further highlighted that the law prohibits marriages after sunset — a provision considered relevant in historical circumstances but no longer aligned with present-day realities.

The participants were also informed that only three churches are officially recognised under the existing law, despite the presence of hundreds of churches across Pakistan, making legal recognition necessary.

Representatives of the National Minority Lobbying Delegation pointed out that the absence of a clear marriage registration mechanism has created practical difficulties for the Christian community.

They noted that several provisions in the divorce law, rooted in colonial-era legislation, compel Christians in certain circumstances to undergo complex legal processes, including religious conversion, to obtain a divorce, which raises serious legal and religious concerns.

The meeting stressed the need to update laws in accordance with contemporary requirements to facilitate minority communities.

The participants proposed inviting bishops and church representatives to future meetings to directly present their concerns and recommendations. It was observed that following the 18th Constitutional Amendment, the matter now falls within provincial jurisdiction, granting the Sindh Assembly authority to legislate on the subject.

Essarani announced the formation of a three-member committee comprising Anthony Naveed, Mahesh Hasija and Dr Sham Sundar Advani to prepare recommendations on the Christian Marriage Law.

The committee will submit its report within 30 days and hold consultative meetings with churches and bishops to develop a sustainable and consensus-based legal framework.

He said that the Sindh Assembly has historically taken the lead in safeguarding minority rights, noting that the Hindu Marriage Act was first passed in Sindh before any other province.

The meeting also discussed the Hindu inheritance law and the Sindh Hindu Marriage Registration Act. Participants observed that there is no clear legal framework regarding daughters’ inheritance rights within the Hindu community.

It was further pointed out that the procedure for registration of pandits or registrars responsible for marriage registration remains unclear, resulting in different types of certificates being issued at the union council level.

The participants emphasised that without a formal registration mechanism for pandits or registrars, maintaining a reliable legal record of marriages would remain difficult.

The meeting also highlighted the absence of a comprehensive minority policy at the national level and stressed the need for the Sindh Assembly to develop a unified minority policy document.

During deliberations on Hindu inheritance law, various proposals were discussed, including mechanisms for property distribution, protection of daughters’ rights and safeguards against potential legal misuse.

Essarani said the purpose of legislation was to facilitate citizens rather than create complications, adding that a system would be developed that is simple, understandable and accessible for ordinary people. He directed the Law Department to prepare a working paper and draft legislation for presentation at the next meeting to move towards formal lawmaking.




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