Nabila Feroz Bhatti
On May 25, the Punjab Cabinet passed the Punjab Sikh Anand Karaj Marriage Registrar and Marriage Rules 2024 for the Punjab Sikh Anand Karaj Marriage Act 2018 in a session presided by Chief Minister, Maryam Nawaz Sharif.
Minister for Human Rights &Minorities Affairs Sardar Ramesh Singh Arora declared it a historic day for Sikhs and commented in the Cabinet, “Punjab has become the first province in the world to implement Sikh Marriage Act.Even in India, Sikhs have to get their marriages registered under Hindu Act.
The Sikhs of Punjab had been striving for the Sikh marriage lawfor a long time. In 2018, Punjab Provincial Assembly passed the Punjab Sikh Anand Karaj Marriage Act, 2018 which then parliamentarian Ramesh Singh Arora presented in the assembly in 2017. Under section 7 of the act the Punjab Government was to make rules to carry out the purpose of the act. However, bureaucratic hurdles, political instability and lack of commitmentbyrelevant ministries were major impediments in the way. The formulation of rules to implement the act were in limbo for six years and the Sikh community had been waiting for implementation of the act since 2018.
Rationale of this law
Ramesh Singh Arora opined. “Sikhs dwelling in Pakistan were getting married before too but they were unable to register their marriages. There was no legal procedure available in case a couple decided to part ways”. “How can they file for a divorce when their marriage is not legally registered?” Arora questioned.
In absence of this law several legal issues were arising including the distribution of inherited assets due to non-registration of marriages in the Sikh community. “My mother, Taran Kour, could not get the pension benefits of my father,SardarIsher Singh, because their marriage was not registered”, Dr. Kalyan Singh, Professor Government College University, told the Tadeeb. “My father was a Sewadar at Nankana Sahib. He was an employee of government and completed his service. After his demise my mother was eligible for his pension in all ways but non-registration of marriage”.
When a marriage was not registered,their children’s birth could not be registered because National Database & Registration Authority (NADRA) demanded a marriage certificate. Children werenot able to get their Form B and ultimately were not eligible for receiving their Computerized National Identity Cards (CNIC) after reachingadulthood. This often resulted inbeing unable to avail employment opportunities, rights and benefits from the government and private sector.
Historical Background
Historically, in October 1909, the Anand Marriage Act was legalized in the greater India. From then onward, Sikhs were to be married by taking four pheras around the Guru Granth Sahib. Then in 2012, India passed The Anand Marriage (Amendment) Bill, after which Sikhs are able to register their marriages under the Anand Karaj Marriage Act. In Pakistan Sikhs also have to follow the Anand Marriage Act, 1909. However, these laws do not consider Sikhism a separate religion and are ultimately for the Hindu community. These laws also have serious lacunas and have become almost redundant in this age. Now after Punjab Sikh Anand Karaj Marriage Act, 2018, the Anand Marriage Act, 1909 have been repealed in Punjab.
Punjab Sikh Anand Karaj Marriage Act 2018
Finally, Sikhs in Punjab can register their marriage under the Punjab Sikh Anand Karaj Marriage Act 2018 allowing them the freedom to exercise their religious rights. They are recognized as a separate entity, and as a separate religion. The act allows Sikhs of 18 years and above to register their marriage in accordance with Sikh religion.A five-member committee(Sangat) would make recommendations on any issues between the bride and the groom. Anand Karaj Registrar authorized by the government will grant Anand Karaj Certificate to the couple after registration of the marriage in union council or municipal committee with the approval of the Chairman.
Dr. Suman Bai spoke to Tadeebthat “we are very happy and feel proud that Sikhs of Punjab are only lucky ones throughout the worldwho have their own marriage act. Before this, we had to face a lot of challenges in proving our link with the life partner legally. This act would strengthen our recognition in the community and society”.
Sardar Ramesh Singh Arora claimedthat Sikhs from other provinces and countries could come to Punjab for registration of their marriage. A critical point is how can foreigners register their marriage under a law that is for Punjab, Pakistan. Laws of a specific territory are applicable to citizens of that particular territory. It is also acondition according to the law that the Chairman must be from the union council of the bride. The promulgated rules are silent on these questions.
As per section 6 of the act, any party seeking divorce now is bound to send a written notice to the Chairman of the union council and to provide a copy to the spouse. The Chairman shall constitute conciliation committee for the purpose of bringing about reconciliation between the parties. If the reconciliation is not achieved within ninety days from the date of the notice, the Chairman shall, declare the marriage to have been dissolved and issue the certificate of the dissolution of marriage in the prescribed manner.
While an important point, like several other laws, in Punjab Sikh Anand Karaj Marriage Act 2018 and its rules the language used is not inclusive or gender neutral. For example, a Chairman of the union council is mentioned instead of the chairperson.
According to section 8 of Punjab Sikh Anand Karaj Marriage Act 2018, it overrides any other related law in Punjab so 16-year marriageable age of girls in Punjab Marriage Restraint (Amendment) Act 2015 is not applicable to Sikh girls. Section 3(1) of Anand Karaj marriage law addressed the most complicated issue of marriageableage that has been defined as 18 years. So, it is a step forward to combat child marriages in the country.
What Next
For implementation of the law an inclusive set of administrative measures is required. A vibrant local government system should be in place to work with Anand Karaj Registrar and the Sangat to register the marriage. At the same time this system is required to file a divorce by any spouse and to constitute a conciliation committee. If the reconciliation is not achieved, then Chairman of the union council has to issue the certificate of the dissolution of marriage in the prescribed manner.
The government shouldimmediately grant licenses to the eligible persons professing Sikh religion in different union councils of Punjab to becomeAnand Karaj Registrarin the prescribed manner.
“Although most of the Sikh population is dwelling in Punjab. However, absence of separate Sikh marriage laws for solemnization and registration of marriages under Hindu Marriage Act in Sindh and Baluchistan are posing great threat to the separate religious identity of Sikh community that is supposed to be protected by state under Article 36 of the Constitution”, said Parshant Singh, Assistant Controller, University of the Punjab.
Being a party to Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, all territories of Pakistan should promulgate marriage laws for Sikh community to protect their fundamental rights.
Related Developments
The Hindu Marriage Act 2017 was promulgated under Article 144 of the Constitution of Pakistan and is applicable in Islamabad Capital Territory (ICT), Punjab, Balochistan and Khyber Pakhtunkhwa. The provincial assemblies of Punjab, Balochistan and Khyber Pakhtunkhwa passed resolutions under Article 144 of the Constitution to confer power on the Federal Parliament to promulgate a law for Hindu marriages to be applicable in the said provinces. Province Sindh has itsown law called The Sindh Hindus Marriage Act, 2016. According to these acts the age of marriage is 18 years and above for both parties.
Former Senator Kamran Michael presented amendments in Christian Marriage Act 1872 to call it Christian Marriage Act (Amendment) 2024 and to amend the marriage age of both parties to 18 years and above which was passed in the Senate on 27th February. On July 10, the National Assembly approved the Christian Marriage (Amendment) Bill 2024, steered by parliamentarian Naveed Amir Jeeva. It will become a law for ICT after President of Pakistan gives his assent. The provincial assemblies can pass resolutions under Article 144 of the Constitution to make it a law in their relative provinces.
On May 9, Falbous Christopher, member Punjab Assembly presented amendments in Christian Marriage Act 1872 to call it Christian Marriage Act (Amendment) 2024 and to amend section 60 to replace the marriage age of girls from 13 to 18 years and of boys from 16 to 18 years.
After 2010, the prevention of child marriages became a provincial issue. Currently, federal law declares the legal marriage age at 16 for girls and 18 for boys, setting disparateand thereby discriminatory marriageable ages for girls and boys. Khyber Pakhtunkhwa and Balochistan continue to be governed by The Child Marriage Restraint Act 1929 like ICT. The Punjab Marriage Restraint (Amendment) Act, 2015 still permits girls to be married at 16 and above while the legal age of boys is 18 years and above. Sindh is the only province so far to have passed a law barring marriage under 18 years.
In April, MNA Sehar Kamran submitted a private member bill at the National Assembly to amend the Child Marriage Restraint Act, 1929, aiming to curb the harmful practice of child marriage. The ‘Child Marriage Restraint (Amendment) Bill, 2024’ aligns with the principles of the UN Convention on the Rights of the Child, which defines a ‘child’ as a person who has not reached the age of eighteen years.
On April 9, Justice Shahid Kareem of Lahore High Court directed the Punjab government to end age-based discrimination for marriage. MPA Sarah Ahmad, has presented the Punjab Child Marriage Restraint Act 2024 in Punjab Assembly recently, while there was already a bill submitted by MPA UzmaKardar. Both these bills have marriage age of 18 years or above for both parties. Now a committee of parliamentarians is reviewing these bills and trying to achieveconsensus.
*******
Note: It is not essential to agree with the writer’s point of view about writings, observation, statistics and information.“TADEEB” is only performing his duty to publish the writings of the writers, observer and researchers.
