Closing a loophole

A loophole which has existed in the Pakistani statute book for nearly 66 years badly affecting the rights of Hindu women in particular and the community in general has finally been closed. The National Assembly this week passed the Hindu Marriage Act 2016 law which lays out regulations for the registration of marriages between Hindus and also divorce. Till now there was no system in place for Hindu marriages to be recorded or for a divorce to be obtained. This flaw created numerous problems for the nearly two million Hindus in the country making it very difficult to either prove marriage or for it to be annulled. The regulation of Hindu marriages through the new law has therefore been welcomed by most rights activists in the country and also by Hindus based overseas. It is hoped that the registration of Hindu marriages can also help prevent the forced conversions that the Hindu community has complained about for years, and also offer Hindus the same rights as other citizens. The law was moved in the National Assembly by the Minister for Human Rights Kamran Michael. There was only very minor opposition mainly coming from Hindu members of the House who believed that the right to divorce went against the Hindu religion. Government MNAs from the Hindu community quickly cleared the misperception regarding this.

This law is important because it ends a situation in which marriages within the Hindu community were not covered by any legislation. This had created problems, particularly for Hindu women who had been strong advocates for the law. The legislation also puts in place a good precedent by bringing Hindus onto a more equal footing within the nation. However, of course a great many other issues faced by minorities and particularly the Hindus of Sindh remain to be resolved. Much also depends on the effective enforcement of the law and it is to be seen what degree of success can be achieved in this. Pakistan’s record on protecting its minorities has come under repeated criticism internationally and it badly needs to push ahead with other legislation that can alter this perception. Beyond perception it is ground realities of course which need to change and an accurate analysis of the impact of the law can only be made after it can be assessed and implemented.