he Punjab Sikh Anand Karaj Marriage Registrar and Marriage Rules, 2024, represent an important step towards equality in family laws. The concept of equality in family laws is integral to the development of a just and inclusive society. In Pakistan, the journey towards equitable family laws for all religions has recently reached significant milestones, particularly concerning the Sikh community. Historically, Sikh marriages in Pakistan lacked formal recognition in the country’s legal framework. Post-independence, the absence of specific legislation for Sikh marriages forced the community to rely on customary practices without legal validation. This legal vacuum sometimes resulted in complications regarding marital status and inheritance. Sikh marriages were not officially recorded and this led to challenges in establishing proof of marriage, which is crucial for accessing various legal rights and services.

The Sikh Marriage Act, 2018, marked a pivotal moment in the legal recognition of Sikh marriages in Pakistan. The Act was enacted in response to long-standing demands from the Sikh community for legal acknowledgment and protection of their marital unions. The legislation was introduced to address the gap in family laws that left Sikh marriages unregistered and unrecognised. It formally recognised Sikh marriages performed according to the religious rites of the Anand Karaj, providing Sikhs with the same legal status as marriages conducted under other religious traditions in Pakistan. The Act mandated the registration of Sikh marriages, ensuring that all such unions are officially documented. This provision helped streamline legal processes related to marriage, inheritance and other civil matters. By providing legal recognition, the Act guaranteed equal rights and protections for Sikh spouses, which were previously inaccessible due to the lack of formal acknowledgment.

To give effect to the Sikh Marriage Act, 2018, Punjab Assembly has now passed the Sikh Anand Karaj Marriage Registrar and Marriage Rules, 2024, providing a comprehensive framework for the implementation of the Act. These rules lay specific guidelines for the registration process and define the responsibilities of marriage registrars. The rules specify the appointment of marriage registrars responsible for documenting Sikh marriages, ensuring that the process is overseen by individuals knowledgeable about Sikh traditions and the legal requirements. They establish detailed procedures for maintaining marriage records, including the issuance of marriage certificates, which are critical for legal recognition and proof of marriage. The rules also aim to make the registration process accessible to all members of the Sikh community, regardless of their location, promoting inclusivity and ease of access to legal rights.

The latest developments concerning Sikh marriages in Pakistan have significant implications for equality in family laws, highlighting progress and ongoing challenges in achieving legal equity for all religious communities. The recognition of Sikh marriages addresses a historical injustice and aligns with the broader principle of equality before law. It ensures that Sikh marriages have the same legal standing as those of other religious communities, promoting fairness and non-discrimination. The successful enactment and implementation of the Sikh Marriage Act, 2018, and the 2024 rules set a positive precedent for other religious communities in Pakistan. The legislation demonstrates the government’s willingness to acknowledge and rectify gaps in family laws, encouraging other communities to seek similar legal recognition.

Legal recognition of Sikh marriages will hopefully foster greater social integration by affirming the cultural and religious identities of the Sikh community within the national legal framework. This is likely to help reduce social marginalisation and enhance the community’s sense of belonging and inclusion. While significant progress has been made, challenges remain in ensuring full equality in family laws. Continuous efforts are needed to educate and train officials in the new laws, address any administrative hurdles and ensure that the benefits of legal recognition are fully realised by all members of the Sikh community.

The journey towards equality in family laws for all religious communities in Pakistan has been significantly advanced by the legal recognition of Sikh marriages. With the Christian Marriage Act of 1872 and Divorce Act of 1869, Parsi Marriage and Divorce Act, 1936, and the Hindu Marriage Act, 2017, progress is being made towards an inclusive legal framework that respects and validates the diverse cultural and religious practices in Pakistan, promoting a more equitable and just society for all. Some minority groups in Pakistan, like the Bahai community, do not have specific family laws to govern their marriages and divorces. They often rely on civil laws or seek informal recognition of their marital practices.

The existence or absence of specific family laws for various minority communities in Pakistan highlights the varying degrees of legal recognition and protection these groups enjoy. The enactment of the Sikh Marriage Act, 2018, and the Punjab Sikh Anand Karaj Marriage Registrar and Marriage Rules, 2024, sets a significant precedent for other minority communities, showcasing a potential path towards greater legal recognition and equality. It also highlights the gaps that still exist within family laws and the need for continued efforts to address them in the legal framework.

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