Pakistan Capital Passes Law Recognising Hindu Marriage 5 Years After Passage; All You Need to Know

In a significant move, a local administration in Pakistan has passed a law which formally recognises Hindu marriages and notifies the rules for a valid marriage.

The Islamabad administration in Pakistan has notified the rules for Hindu Marriage Act 2017 allowing members of the minority community to marry in line with their rituals, Dawn reported.

The implementation of the law has been a major demand of the Hindu community and rights groups in Pakistan.

The notification titled ‘Islamabad Capital Territory Hindu Marriage Rules 2023’, passed more than five years after its passage.

The law is currently enforced in Islamabad Capital Territory comprising urban and rural areas near the capital and is also expected to pave way for the implementation of similar marriage laws in Punjab, Khyber Pakhtunkhwa and Balochistan. The rule has been sent to all union councils of the federal territory for implementation.

The rule states that the union councils in the Pakistani capital will register a ‘Maharaj’ or pundit to solemnise marriages. The requirement for being a pundit is any person who is a Hindu male and has adequate knowledge of Hinduism.

However, the pundit will only be appointed after the submission of a character certificate from the local police and written approval from 10 members of the community.

Moreover, the respective union councils will issue “Shaadi Pert” or marriage certificates to the registered pundit and the marriages would also be registered with the union councils.

The rules also stated that the ‘Maharaj’ or the priest will not take any money for solemnising the marriage except for the fees mandated by the government.

The new rules also mandate the process for disputes or separation. Section 7 of the ‘Islamabad Capital Territory Hindu Marriage Rules 2023’ rules allow Hindus to approach courts under the West Pakistan Family Courts Act 1964 for termination of marriages and remarriages.

Mehfooz Piracha, district attorney for Islamabad Capital Territory who drafted the rules, called it “a major step” towards ensuring the rights of the minority community and added that the rules can also be adopted by Punjab, Balochistan, and Khyber Pakhtunkhwa.

“Politically and technically, it is easy for provinces to adopt the laws enacted in Islamabad rather than formulating new legislation for each jurisdiction,” Piracha said.

The report added that Islamabad has seen a rise in the population of the Hindu community over the past decade due to migrations from Sindh, Balochistan and Khyber Pakhtunkhwa owing to security concerns.

So far, only Sindh province in Pakistan, which has a significant Hindu population, had framed the law enabling Hindu men and women above 18 years of age to register their marriages.

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