The Sindh government has taken a significant step towards reforming minority rights legislation by constituting a three-member committee tasked with reviewing and proposing amendments to the Christian Marriage Act of 1872 and the Divorce Law of 1869. This decision emerged during a focused meeting on minority rights, chaired by Giyanchand Essarani, Adviser to the Chief Minister on Rehabilitation and Convener of the Parliamentary Working Group. The meeting underscored the urgent need to modernize these archaic laws, which have remained largely unchanged since their inception during the British colonial era.
Essarani emphasized the importance of addressing not only the Christian personal laws but also the shortcomings present in Hindu inheritance and marriage legislation. He instructed officials to examine current registration systems for pandits and registrars, highlighting the necessity of streamlining these processes to ensure legal clarity and fairness. Furthermore, he called for the development of a comprehensive minority rights policy that would provide a unified framework to protect the interests of all minority communities in Sindh.
During the discussions, participants were reminded that the Christian Marriage Act, enacted in 1872, and the Divorce Law of 1869, were introduced under British rule and contain provisions that no longer align with contemporary social realities. For instance, the current law sets the minimum marriageable age at 13 for men and 16 for women, which conflicts with modern legal standards across Pakistan. Additionally, the law prohibits marriages from taking place after sunset—a rule that made sense in a historical context but is now outdated and impractical.
Another critical issue raised was the limited official recognition of churches under the existing legislation. Despite hundreds of churches operating across Pakistan, only three are legally acknowledged, creating significant challenges for the Christian community in terms of marriage registration and legal documentation. Representatives from the National Minority Lobbying Delegation highlighted that the absence of a clear and effective marriage registration mechanism has led to numerous practical difficulties, complicating the lives of many Christians.
The meeting also shed light on the complexities embedded in the colonial-era divorce law. Several provisions compel Christians to undergo complicated legal procedures, sometimes involving religious conversion, to finalize divorces. These requirements have sparked serious concerns regarding their compatibility with both legal fairness and religious freedoms. The consensus was clear: these laws must be updated to reflect the needs and rights of minority communities in today’s Pakistan.
Looking ahead, the participants proposed involving bishops and church representatives in future consultations to ensure that the voices of religious leaders are directly heard and incorporated into the reform process. It was also noted that following the 18th Constitutional Amendment, matters related to personal laws now fall under provincial jurisdiction, giving the Sindh Assembly the authority to legislate on these issues independently.
In response, Essarani announced the formation of a dedicated three-member committee composed of Anthony Naveed, Mahesh Hasija, and Dr. Sham Sundar Advani. This panel has been tasked with preparing detailed recommendations on the Christian Marriage Law within 30 days. Their mandate includes conducting extensive consultations with churches and bishops to develop a legal framework that is sustainable, inclusive, and reflective of the community’s needs.
Essarani also highlighted Sindh’s pioneering role in minority rights legislation, recalling that the Hindu Marriage Act was first enacted in Sindh before being adopted by other provinces. The meeting further addressed issues related to the Hindu inheritance law and the Sindh Hindu Marriage Registration Act. Participants pointed out the absence of a clear legal framework governing daughters’ inheritance rights within the Hindu community, a gap that requires urgent attention to ensure gender equity and legal protection.
Moreover, the process for registering pandits or registrars responsible for marriage documentation remains ambiguous, resulting in inconsistent issuance of certificates at the union council level. Without a formalized registration system, maintaining accurate and reliable legal records of marriages continues to be a challenge. The meeting stressed that establishing a standardized registration mechanism is essential for the protection of minority rights.
Another significant takeaway from the discussions was the lack of a comprehensive minority policy at the national level. Participants urged the Sindh Assembly to take the lead in formulating a unified policy document that would serve as a guiding framework for minority rights protection and legislative reforms. Various proposals related to Hindu inheritance law were also debated, including fair property distribution mechanisms, safeguarding daughters’ inheritance rights, and preventing potential legal exploitation.
Essarani concluded by emphasizing that the purpose of these legislative reforms is to simplify and facilitate citizens’ lives rather than complicate them. He assured that the government aims to develop a legal system that is straightforward, accessible, and understandable for ordinary people. To this end, he directed the Law Department to prepare a working paper and draft legislation that will be presented at the next meeting, marking a crucial step towards formalizing these important legal reforms.
