Delay to draft rules for Hindu Marriage Act by Pak's KP govt put couples' future in limbo

The inordinate delay to draft rules for the Hindu Marriage Act by the Khyber Pakhtunkhwa provincial government in northwest Pakistan has put the matrimonial knots of scores of couples in limbo, the community leaders here said.

The federal government approved the Hindu Marriage Bill in March 2017 with the consent of the governments in KP, Punjab and Baluchistan provinces and issued necessary instructions to them to draft the required rules.

However, the KP provincial government is yet to draft the necessary rules for the Act.

Due to lack of constitutional protection, many Hindu girls are deprived of their basic rights, which they are entitled to in case of divorce, the community leaders said.

Pakistan has about 3.8 million Hindus, which constitute approximately two per cent of the population.

According to sources, the federal government has recently again directed the KP government to draft the rules for the Hindu Marriage Act at the earliest.

The sources said the KP Department of Religious and Minorities Affairs told the federal government that since under the Muslim Marriage Act, the registration of marriages at village and councils are done by the KP local government, therefore, it is the responsibility of the local government to prepare the rules for the Act.

The process of making rules for the Hindu Marriage Act could not be started in the KP province despite exchange of numerous official letters between the department of minority and religious affairs and the local government on the issue, they said.

Peshawar sarpanch Haroon Sarab Diyal said the draft of the proposed Act, prepared with the help and support of some social welfare organisations and lawyers has been handed over to the KP provincial government but no progress has made so far.

He said 18 cases of divorce of Hindu girls are under trial in various courts in Peshawar. Due to lack of proper legislation, the incidents of Hindu girls divorce have become frequent. Girls are mostly the sufferers in such cases.

The Hindu Marriage Act enshrines the conditions for a valid marriage, and provides for official documentation that can be used to verify marital status.

The Act sets the conditions for a valid Hindu marriage within the country. The condition include valid consent, both participants being over the age of 18 and a ban on polygamy.

It also details the circumstances for separation or divorce, and gives formal legal validity to all existing Hindu marriages.