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Minority communities in Pakistan are encountering significant obstacles in the process of registering marriages and divorces, primarily due to a scarcity of accessible information.
Despite the existence of laws mandating transparency, governmental agencies have not fulfilled their obligation to furnish clear and accurate information regarding the registration procedures, thereby leaving numerous minority groups struggling to comprehend and navigate the system effectively.
A key factor contributing to this complexity is the lack of pertinent information available on government websites and offices. The procedures for marriage and divorce registration are either inadequately communicated or entirely omitted, compelling members of minority communities to depend on intermediaries. These intermediaries, often associated with criminal activities, demand exorbitant fees—sometimes exceeding a hundred times the official cost—for services that should be straightforward and accessible.
Ahmar, a member of the Christian community, shared his personal experience, detailing how he was required to pay Rs 10,000 to an intermediary for the registration of his children and his own marriage. The process, which was anticipated to be uncomplicated, extended over two months due to the absence of clear instructions and guidance from the authorities.
In a similar vein, Sajan Singh, a Sikh resident of Lahore, voiced his frustration regarding the lack of clarity surrounding marriage registration procedures in Punjab. Despite the Sikh community often being perceived as VIPs in Pakistan, the procedures for marriage registration remain opaque, and Singh only discovered that a certificate issued by his gurdwara was recognized by NADRA (National Database and Registration Authority) after considerable effort.
Attempts to secure information from government entities have also been met with resistance. When a request for certified information pertaining to minority marriage and divorce registration was submitted to the Human Rights and Minority Affairs department under the Right to Information (RTI) law, the initial response was a rejection, citing the necessity to prove Pakistani citizenship. Even upon resubmission of the petition with the requisite documentation, the department claimed to possess no relevant information.
This situation raises significant concerns regarding the role and accountability of the Human Rights and Minority Affairs department, which is tasked with protecting the rights of religious minorities in Punjab. The department is responsible for issuing marriage licenses to Christians, yet it appears to be failing in its duty to provide essential information to the very communities it is intended to serve.
A similar request for information was submitted to NADRA, which also declined to provide details, stating that their role was confined to offering technical support to the Local Government and Community Development Department. This response is perplexing, considering NADRA’s pivotal role as the national database organization charged with maintaining records of the country’s population.
In response to these challenges, a formal complaint has been lodged with the Pakistan Information Commission for the failure to provide the necessary information. It is anticipated that the commission will take appropriate action to ensure the availability of the required information.
Why is the registration of marriages and divorces for religious minorities at the Union Council level necessary?
Similar to the majority population in Pakistan, minority groups possess the fundamental right to access local government-related services at the Union Council level. However, they encounter significant challenges in registering their children’s birth certificates and other necessary documents due to their lack of Union Council registration. Furthermore, the requirement to travel long distances for registration poses a barrier for many.
How are Sikh marriages registered in Punjab?
Prior to July 2024, Punjab issued a specific Gurudwara Certificate for the registration of the Sikh community, which was recognized by Nadra directly, bypassing the Union Council. This process involved Gurdwara marriages conducted according to religious rites, with the Gurdwara maintaining a register of marriages. This register is then submitted to the Union Council, which issues a Computerized Marriage Registration Certificate. The registration fee is set at Rs 300. This fee is crucial for services such as registering a spouse or wife on an identity card, issuing children’s birth certificates, etc.
Minority Affairs Minister Ramesh Singh Arora has announced the approval of the Sikh Anand Kraj Registrar Rules 2024 and the Sikh Anand Kraj Marriage Rules 2024. Following these approvals, Punjab has become the first province in the world to implement the Sikh Marriage Act. Additionally, Sikhs are required to register their marriages under the Hindu Marriage Act in India.
How is Marriage Registered for the Christian Community in Punjab?
In the context of the Christian community in Pakistan, the legal framework governing marriage and divorce is delineated by the Christian Marriage Act of 1872 and the Divorce Act of 1869. The Christian community has consistently advocated for the registration of their marriages at the Union Council level, aiming to streamline the process of securing national identity cards, children’s B-Forms, and other pertinent legal documents.
In January 2019, a panel of three justices, led by the Chief Justice of the Supreme Court of Pakistan, issued a directive mandating that Christian marriages be registered at the Union Council level. Furthermore, the Supreme Court mandated that Union Councils ensure the registration of these marriages and required the relevant authorities to issue marriage certificates in accordance with this mandate.
The Human Rights and Minority Affairs department is responsible for issuing the Christian Marriage License, pursuant to Section 9 of the Christian Marriage Act 1872. To secure this license, applicants are required to submit a copy of their identification card, evidence of at least matriculation education, a police report, a recommendation letter from their church or community, verification from 200 local signatures or thumbprints, and three photographs that are passport-sized. This license is valid for a period of five years and must be renewed at the appropriate intervals.
For the purpose of marriage registration, it is incumbent upon the bride and groom to apply to a registered church, where the wedding will be announced or “preached” in three separate churches prior to the fourth and final announcement during the wedding ceremony. Following the ceremony, the holder of the Christian Marriage License (who may be a Father, Bishop, or Pastor) is responsible for recording the marriage in the church register and issuing the laavaa document to the couple.
This document is subsequently submitted to the Union Council for the issuance of a Computerized Marriage Registration Certificate. This certificate is subsequently utilized by NADRA for the purpose of updating the marital status on ID cards and for the issuance of children’s B-Forms. The fee for this certificate is Rs 300, and a copy of the laavaa, along with the identification cards of the bride, groom, and their parents, is required for submission.
However, due to a lack of awareness, numerous Union Councils in Punjab have been reluctant to register these marriages at the local level. In certain instances, they have imposed additional verification requirements before issuing the Computerized Marriage Registration Certificate.
In response to inquiries regarding these matters, the Minister of Minority Affairs, Ramesh Singh Arora, has stated that there are ongoing efforts to amend the laws governing Christian marriages. Consultations with relevant stakeholders are in progress, and it is anticipated that the work will be concluded by December 2024. Following this, the new regulations are expected to be implemented with the approval of the cabinet.
How is Hindu marriage conducted within the Punjab community?
The Hindu Marriage Bill 2017 has been made available for the solemnization of Hindu marriages across Pakistan. However, the Hindu community nationwide is encountering challenges in the registration process for local weddings. The procedure involves the Hindu Pandit issuing a merit certificate on official letterhead, which includes the details of the bride, her parents, and witnesses.
Upon submission of this certificate to the Union Council, the bride is issued a computerized marriage registration certificate, with a registration fee of Rs 300. Subsequently, this certificate is transferred to Nadra for any necessary changes to the individual’s record identity card. Nonetheless, numerous Union Councils present difficulties in the marriage registration process due to a lack of information.
Amarnath Randhawa, a member of the Pakistan Hindu Temple Management Committee, mentioned that the draft legislation for Hindu marriage registration has been under development for an extended period but has yet to receive approval. He and his colleagues have forwarded the draft to the incumbent Minister of Minority Affairs, with hopes for its swift approval.
He also highlighted that one of the primary issues is the lack of awareness regarding the significance of marriage registration, leading many families to overlook its importance. This oversight results in the agent losing thousands of rupees to criminal elements when registration is required. The role of Hindu religious leaders is crucial in addressing this issue.
There is a need for the registration procedures to be translated into local dialects. The enactment of this bill is anticipated to alleviate the problem of forced religious conversions in Pakistan. In response to our inquiries, Minority Affairs Minister Ramesh Singh Arora stated that the Hindu Marriage Act is currently in the process of developing its Rules of Business. Implementation is expected to commence once approved by the cabinet.
