LAHORE:
Christian couples taking their marriage vows in front of a priest gleefully promise to stay bonded in holy matrimony till death does them apart. Yet few would imagine the state taking the ceremonial utterance literally by disenfranchising married women from the universal right to divorce.
The Christian community in Punjab is calling for amendments to the Christian Family Laws vis a vis the Christian Marriage Act of 1872 and the Christian Divorce Act of 1869, under which the minimum age for marriage of a boy is 16 and a girl is 13 while the grounds for divorce are limited to adultery, second marriages, or spousal conversion. In such a scenario, Christian women stuck in unfulfilling or abusive marriages cannot seek divorce due to these religious constraints.
Komal Parvez, a 35-year-old Christian mother of two from Baghbanpura had separated from her drug addict husband after he started exploiting her both economically and physically. “My husband began selling household items for his drug addiction, which led to frequent arguments between us. To support my family, I started working as a domestic worker, but my husband used to take away my earnings apart from beating me up. Hence, I decided to part ways with my husband,” explained Komal, who revealed that the outdated marriage laws allowed neither her nor her husband to initiate divorce.
According to Peter Jacob, Executive Director of the Institute for Social Justice, Pakistan’s 150-year-old Christian marriage and divorce laws were in dire need of amendment. “The rules specify the minimum age for boys at 16 and for girls at 13, as well as stipulating that Christian couples cannot marry after Maghrib. Such laws are outdated and inconsistent with the current laws in the country,” said Jacob, who further revealed that the federal government had already amended the Christian Marriage Act of 1872 however similar amendments were necessary in Punjab.
The Christian community has also raised concerns over the lack of a registration mechanism for marriage. Currently, 150 priests and bishops across 20 districts in Punjab are licensed by the provincial government, and marriages conducted by them are recognized as registered.
Reverend Dr. Majeed Abel from the Presbyterian Church in Lahore remarked that personal laws should be developed in consultation with the Church and Christian religious leaders. “Divorce and remarriage are integral to the Christian faith, making church consultation essential for relevant legislation.
“Many pastors and priests who are conducting marriages lack proper registration and authorization. These marriages are sometimes facilitated through bribery for registration at the Union Council. Unregistered priests are allegedly bribed to get registered with the Union Council. NADRA registers the marriage on the basis of Union Council certificate,” shared lawyer and human rights activist, Rubeqa Niyamat.
Christian social leader Samuel Piara supported Rebekah Niyamat’s position. He pointed out that the Christian Marriage Act was sometimes exploited for the conversion and forced marriage of Christian girls, allowing a 13-year-old girl to be married. “Additionally, some Christian couples resort to marrying under the Muslim Marriage Act for court marriages, which later leads to complications for them and their children. Although a Christian registrar position has been designated in each district, these positions remain unfilled. Since Christian parliamentarians are not elected by popular vote, they often prioritize their political parties over their communities,” claimed Piara.
“Similar to the approval of the Sikh Marriage Act in Punjab, work is underway on the Sikh and Hindu Marriage Acts. A draft for amendments will be prepared and submitted to the provincial cabinet for consultation with all stakeholders soon,” said Punjab Minister for Minority Affairs Sardar Ramesh Singh Arora.
Article published in the Express Tribune on 14th October 2024
