In 2017, Pakistan took a significant step in minority rights legislation with the passage of Hindu Marriage Act, aimed at providing legal recognition and protection for Hindu marriages. However, the law has not been enforced in the Punjab.

The legal system in Pakistan, a federal republic, allows for a division of legislative powers between the federation and the provinces. The Hindu Marriage Act, falling under the ambit of minority rights, requires provincial implementation. The Act had replaced an outdated and insufficient legal framework that had previously governed Hindu marriages in Pakistan. It provided a comprehensive legal structure, including registration and certification, that had been absent earlier.

An in-depth legal analysis of the Act reveals several provisions that are absent in the Punjab’s current legal framework for minority marriages. Key among these is the formal recognition and registration, providing a legal basis for the rights and obligations of Hindu couples. The absence of such recognition leads to a host of issues, including difficulties in proving marriage in legal disputes, inheritance claims and custody battles.

Sindh and Balochistan provinces have implemented the new law. The reluctance in the Punjab stems from a complex interplay of political, social and legal factors, including the lack strong advocacy. This non-enforcement has significant repercussions for the Hindu community in the Punjab, as without legal recognition of their marriages, Hindu couples face difficulties in accessing basic civil rights, such as registering marriages, obtaining legal documents and claiming inheritance. This legal vacuum not only marginalises them but also leaves room for social discrimination and legal challenges, especially in matters of matrimonial disputes and child custody.

Case studies in the Punjab have highlighted the practical implications of this legal void. There have been instances where Hindu couples have faced challenges in courts due to the lack of legally recognised marriage certificates, complicating cases related to marital disputes, property rights and family law. For instance, a Hindu family was entangled in a prolonged legal battle over inheritance rights. The crux of the dispute lay in the lack of legal recognition of their familial relationships, as the Hindu Marriage Act was not enforced in the province. The family’s inability to legally prove marital ties significantly complicated the inheritance process, leading to an arduous court case. This situation not only caused emotional distress but also highlighted the legal void in protecting the property rights of Hindus in the absence of the Act.

Enforcement of the Hindu Marriage Act is a legal imperative that transcends procedural formalities.

Another example involved a Hindu woman who faced challenges in asserting her marital rights. Due to the absence of a legally recognised marriage certificate, her claim to marital property became a complex legal issue. The woman had to navigate a convoluted legal system where her marital status was not acknowledged, greatly weakening her legal standing in the property dispute with her in-laws.

A particularly challenging case involving a child custody dispute within a Hindu family in Punjab illustrated that there were no clear legal guidelines to adjudicate the case. The couple, unable to legally validate their marriage, found their custody battle mired in legal ambiguities. This not only prolonged the legal proceedings but also placed immense emotional strain on the family, especially the child. The court’s decision in this case was based on a patchwork of existing laws, which did not specifically address the unique aspects of Hindu marital relations.

These case studies underscore the urgent need for legal reforms to protect the rights and well-being of the Hindu community. The enforcement of the Act is not just a formality but a necessity to ensure justice and equality. The legal system must evolve to protect the rights of all its citizens.

The National Commission for Human Rights has been strongly advocating for the enforcement of the Act in the Punjab. From a legal standpoint, it has emphasised the role of the law in ensuring equality and protection guaranteed under the constitution. They argue that the absence of such a law infringes upon these legal rights and protections. One of the legal reasons for non-enforcement could be delays and challenges in aligning provincial laws with the federal Act. Historically, legal framework in the Punjab has been slow to adapt to federal changes, especially those involving minority communities.

From a broad legal perspective, there is a dire need to ensure uniformity across the provincial legal frameworks.

The current situation in the Punjab also serves as a reminder of the ongoing struggle for legal equality and protection in diverse societies. Ensuring the enforcement of the Act would result in the double benefit of protecting the Hindu community in Punjab and reinforcing the legal framework for minority protection across Pakistan.

The writer is an advocate of the high court, a founding partner at Lex Mercatoria and visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com