Safeguarding Sikh Marriage Rights
Nabila Feroz Bhatti
Lahore: On May 25, the Punjab Cabinet passed the Punjab Sikh Anand Karaj Marriage Registrar and Marriage Rules 2024 under the Punjab Sikh Anand Karaj Marriage Act 2018, in a session presided over by Chief Minister Maryam Nawaz Sharif.
Minister for Human Rights and Minorities Affairs, Sardar Ramesh Singh Arora, hailed this as a historic day for Sikhs, stating, “Punjab has become the first province in the world to implement the Sikh Marriage Act. Even in India, Sikhs have historically had to register their marriages under the Hindu Act.”
The Sikh community in Punjab had long advocated for this law, which was initially passed by the Punjab Provincial Assembly in 2018. Parliamentarian Ramesh Singh Arora had introduced the bill in 2017.
However, bureaucratic hurdles, political instability, and lack of commitment from relevant ministries delayed the formulation of rules necessary for the act’s implementation. For six years, the Sikh community awaited this crucial step forward.
Documentation Woes Persist
Ramesh Singh Arora expressed concern, stating, “Sikhs residing in Pakistan were marrying, but without legal registration, they couldn’t formalize their marriages or seek legal recourse for divorce.”
He highlighted the complications arising from unregistered marriages within the Sikh community, such as disputes over inherited assets.
Dr Kalyan Singh of Government College University pointed out that his mother couldn’t access her late husband’s pension benefits due to their marriage not being registered.
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He further noted that unregistered marriages also led to difficulties in registering children’s births with the National Database & Registration Authority (NADRA), preventing them from obtaining Form B and, later, Computerized National Identity Cards (CNICs).
This lack of documentation often hindered their access to employment opportunities and government or private sector benefits.
Reform in Sikh Marriages
Historically, in October 1909, the Anand Marriage Act was enacted in greater India, allowing Sikhs to marry by taking four pheras around the Guru Granth Sahib.
In 2012, India amended the Anand Marriage Act, enabling Sikhs to register their marriages under the Anand Karaj Marriage Act.
Similarly, in Pakistan, Sikhs follow the Anand Marriage Act of 1909, though these laws historically categorized Sikhism under Hindu laws.
These legislations have significant gaps and are increasingly outdated.
Recently, the Punjab Sikh Anand Karaj Marriage Act of 2018 repealed the Anand Marriage Act of 1909 in Punjab, marking a significant legal update.
Punjab’s New Marriage Law
Finally, Sikhs in Punjab can now register their marriages under the Punjab Sikh Anand Karaj Marriage Act 2018, allowing them the freedom to exercise their religious rights.
They are recognized as a separate entity and religion. The Act permits Sikhs aged 18 and above to register their marriages in accordance with Sikh customs.
A five-member committee (Sangat) will make recommendations on any issues between the bride and groom.
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An Anand Karaj Registrar authorized by the government will issue an Anand Karaj Certificate to the couple after registering the marriage with the stamp of the Chairman of the union council or municipal committee.
Dr Suman Bai expressed to PenPK.com, “We are very happy and feel proud that Sikhs in Punjab are the only ones in the world who have their own marriage act. Previously, we faced many challenges in legally proving our relationship with our life partners.
This act will strengthen our recognition within the community and society.”
Sardar Ramesh Singh Arora said that Sikhs from other provinces and countries can come to Punjab to register their marriages. However, it remains unclear how foreigners can register their marriages under a law specific to Punjab, Pakistan, as laws of a specific territory generally apply only to its citizens.
According to the law, the Chairman must be from the union council of the bride, a detail not clarified in the promulgated rules.
Section 6 of the Act mandates that any party seeking divorce must send a written notice to the Chairman of the union council and provide a copy to the spouse.
The Chairman will then constitute a conciliation committee to attempt reconciliation between the parties. If reconciliation is not achieved within 90 days, the Chairman will declare the marriage dissolved and issue a dissolution certificate in the prescribed manner.
One notable issue in several laws, including the Punjab Sikh Anand Karaj Marriage Act 2018 and its rules, is the use of non-inclusive or non-gender-neutral language.
For example, the Act refers to the Chairman of the union council instead of using the term chairperson.
Section 8 of the Punjab Sikh Anand Karaj Marriage Act 2018 asserts that it supersedes any other related law in Punjab, thereby exempting Sikh girls from the minimum marriageable age of 16 set by the Punjab Marriage Restraint (Amendment) Act 2015.
Section 3(1) of the Anand Karaj marriage law addresses the contentious issue of marriageable age, defining it as 18 years, thus marking a significant step forward in combating child marriages in the country.
Calls for Sikh Marriage Laws
Implementation of the law necessitates a comprehensive set of administrative measures. A robust local government system must collaborate with the Anand Karaj Registrar and the Sangat for marriage registration.
Simultaneously, this system should facilitate divorce filings and the constitution of conciliation committees. If reconciliation fails, the Chairman of the union council must issue the marriage dissolution certificate as per the prescribed procedure.
“Although the majority of Pakistan’s Sikh population, around 30,000 individuals, resides in Punjab, the absence of separate Sikh marriage laws in Sindh and Balochistan, unlike under the Hindu Marriage Act, poses a significant threat to the Sikh community’s distinct religious identity protected by Article 36 of the Constitution,” stated Parshant Singh, Assistant Controller at the University of the Punjab.
In an interview with PenPK.com, he stressed, “As a signatory to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights, all provinces of Pakistan should enact separate marriage laws for the Sikh community to safeguard their fundamental rights.”
All information and facts provided are the sole responsibility of the writer.
The writer, Nabila Feroz Bhatti, is a human rights activist and columnist. She can be contacted via email nabilaferoz@gmail.com and on X @NabilaFBhatti.
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