Unimplemented Sikh Marriage Act awaits rules
AROUND 30,000 Sikhs are dwelling in Pakistan, but without separate marriage laws following Sikh customary marriage laws. Their separate identity sometimes seems under a constant threat that is a blatant violation of Article 36 of the 1973 Constitution. Thus, on the prolonged desire and demand of Sikh community to formulate separate laws for registration and solemnization of Sikh marriages according to Sikh customary laws, the Punjab Assembly passed the historical Punjab Sikh Anand Karaj Marriage Act 2018 that was marked as a historical development, especially for Sikh community that has been struggling all around the world for separate laws in accordance with their separate religious laws regarding solemnization, registration and dissolution of marriage.
Surprisingly, the bill repealed the Anand Marriage Act 1909 which had remained intact since British rule. Neither a mechanism of registration of Sikh marriages was legalized nor the issue of puberty age of males and females was addressed in the Anand Marriage Act 1909. Thus, the Punjab Sikh Anand Karaj Marriage Act 2017 fulfilled the legal vacuum and gap that is landmark legislation toward fundamental rights of Pakistani minorities to be protected following their religious spirit. However, formulation of rules to implement the Act is still in the pipeline and the Sikh community has been waiting for the last 5 years for implementation of the Act.
Bureaucratic hurdles, political instability and lack of seriousness of relevant ministries are considered as the major impediments in the way forward. The PML(N) Government completed its constitutional tenure in 2018 very soon after passing the bill. Since that day, there has been no major development regarding passing rules to implement the Act fairly so that Sikh community could enjoy its fundamental and substantial right of marriage registration as enshrined in the 1973 Constitution.
Sikhism is a separate religion. It has its own marriage laws which are supposed to be followed for solemnization of marriage of Sikh couples. But it is surprising that marriages of the Sikh community in different provinces are being registered under the Hindu Marriage Act. As a nation, we could not take sufficient measures to formulate laws to protect the fundamental rights of Sikh community. Even, article 36 of the Constitution of Pakistan deals with “Protection of Minorities” in these words “the State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial Services”. Thus, the Sikh community of all provinces has been looking toward the state, hopefully for fair implementation of article 36 so that the basic right of solemnization and registration of marriages following the religious norms and values of Sikhism could be ensured by the state machinery.
Legally, it is very important to implement the Punjab Sikh Anand Karaj Marriage Act 2017 after passing rules because there are a number of legal complications which are being faced by Sikh couples regarding marriage registration. These legal, administrative and social complications have been precisely addressed in the Punjab Sikh Anand Karaj Marriage Act 2018. For instance, there was no legal age limit for Sikh couples to get married. Even, the age of major is not yet defined in previously implemented Acts following Sikhism in different provinces. However, section 3(a) of Punjab Sikh Anand Karaj Marriage Act 2018 addressed the most complicated issue of age of major person that has been defined as 18 years. Previously, there was no mechanism for those Sikh couples who decided to part ways. So, section 6 of the Act 2018 explains the method of dissolution of marriage, reconciliation and powers of chairman and arbitration council within specific time. Under section 5 of the Act, Anand Karaj Form, Anand Karaj Register and Anand Karaj Certificate have been introduced by keeping the record in respective union councils. Most of the legal complications have been addressed in this well-prepared Act, but all in vain because of the absence of rules for its implementation.
Punjab could play its leading role for other provinces to expedite their efforts regarding preparation and enactment of laws separately for Sikh community so that they could tie the knot following Sikh customary laws. Even, 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.
Being a signatory of the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, all provinces of Pakistan should formulate separate marriage laws for the Sikh community to protect their fundamental rights. Affairs related to their marriages should not be regulated following laws of other religions such as Hinduism as it is being regulated in Sindh and Baluchistan. The Federal Government should also make separate laws to give protection to the religious identity of the Sikh community.
In particular, the Supreme Court should take action on violation of the basic rights of Sikh community following the pure spirit of the Constitution regarding protection of minority rights. Pakistan Sikh Gurdwara Parbandhak Committee (PSGPC) should also play its constructive role for implementation of the Punjab Sikh Anand Karaj Marriage Act 2018. Being a party to International Covenant on Civil and Political Rights (ICCPR), Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights, Pakistan should fulfil its international commitments regarding protection of human rights.
—The first author is a Lahore-based lawyer and second author is Assistant Controller, University of the Punjab and first Sikh officer of the largest educational institution of Pakistan since 1947.
