Abstract debate over various forums has helped to resolve

several critical issues on which various Hindu

Pakistani parliament is in process of making Hindu
marriages law. The initiative as well as the process has
taken more than due time. After prolonged discussion
and consultation on various forums, the bill has made
some progress recently. A recent controversy regarding
termination of Hindu marriage on conversion of one
spouse might further delay the passage of this much-
needed law. This controversy is based on factual errors
and theoretical misconceptions. Termination on this
ground is prudent, a demand of Hindu legislators and
in line with legislation in majority Hindu society of
India. Intervention of courts in the process will
safeguard the welfare of individual and of society. The
right to apply for termination of marriage should
however be available to either spouse. Author
Introduction
Legislation for registration of Hindu marriages has
been demanded, discussed and debated for quite
some time in Pakistan.1 The ongoing debate too
had started in 2009.2 Nonetheless, this lengthy
castes differed, particularly the provision for the
right of divorce.3
The bill has been able to make a headway in the
Parliament when the National Assembly Standing
Committee on Law and Justice approved it on
February 8, 2016 and presented its report in the
House on August 17, 2016.4 The bill was
originally presented in the National Assembly on
March 4, 2014 by Hindu members of National
Assembly Dr. Darshan and Ramesh Lal of
Pakistan Muslim League-N.5 It got an impetus in
2015 when the Supreme Court of Pakistan too
directed the government to make a law to address
the concerns of Hindu minority in the country.6
Honoring this direction of the apex court, the
government took over the driving seat and
presented its own Hindu Marriage Bill 2015 in the
National Assembly in May 2015 and was
immediately referred to the NA Standing

1
See for a detailed comment and background: Syed Nadeem Farhat, Hindu Marriage Law: Need, Impediments and Policy
Guidelines Policy Perspective (2015), Vol.12, No. 02. P. 135
2
Ibid
3
Ibid
4
National Assembly Debates, National Assembly of Pakistan, August 17, 2016, Accessed September 8, 2016,
http://www.na.gov.pk/uploads/documents/1472195962_549.pdf.; Kalbe Ali, National Assembly takes up Hindu Marriage
Bill, Dawn, August 18, 2016, Accessed September 7, 2016, http://www.dawn.com/news/1278328/national-assembly-takes-
up-hindu-marriage-bill.
5
The Hindu Marriage Act, 2014, National Assembly of Pakistan, March 4, 2014, Accessed September 8, 2016,
http://na.gov.pk/uploads/documents/1393931873_197.pdf.
6
Nasir Iqbal, SC wants draft of Hindu marriage bill approved in 2 weeks, Dawn, January 14, 2015, Accessed April 18, 2016,
http://www.dawn.com/news/1156940.

[1]
Committee in Law and Justice.7 Along with the should first apply in the court to terminate the
Committee members, Hindu members of the marriage on other grounds than conversion and
National Assembly Ramesh Lal (PPP), Dr. conversion should only succeed the termination of
Ramesh Kumar Vankawani, (PML-N), Dr. marriage through court.8
Darshan (PML-N). Sanjay Parwani (MQM),
However, the committee members including Eng.
Bhawan Das (PML-N), Ms. Reeta Ishwar (PML-
Ali Muhammad Khan Advocate (PTI), Moulana
F) and Lal Chand Malhi (PTI) were also part of
Muhammad Khan Sherani (JUI-F), Shagufta
proceedings on special invitation. Standing
Jumani (PPPP), Mohsin Shah Nawaz Ranjha
Committee on Law and Justice discussed this draft
(PML-N) and Aisha Syed (JI) opposed the
in its meetings held on 2nd April, 15th May, 6th July,
suggestion. After a detailed discussion on merits of
2015, 27th January 2016, and later passing it with
retaining this provision and assurance from the
some modifications on 8th February, 2016.
Director General of the Ministry of Human Rights
Clause on termination of marriage on that law against forced conversion too was in the
conversion offing, the debate culminated in retaining the said
clause and the bill was unanimously approved by
During consideration of various clauses and
the Committee.9
aspects of the bill in the Standing Committee, the
clause 12(1)(iii) came under particular The controversy
consideration. Section 12 of the bill 2016 talks
The Standing Committee on Law and Justice was
about the grounds that might justify termination of
not, however, the only parliamentary forum where
a Hindu marriage. According to section 12(1)(iii),
the bill came under discussion. The bill or at least
any Hindu marriage solemnized whether before or
certain provisions of the bill had also become a
after the commencement of the law might, on a
reason for heated debate in the Senate Functional
petition presented to the relevant Court by either a
Committee on Human Rights.
husband or a wife, be terminated by decree of
termination of marriage on the ground that the On February 17, 2016, just a week after
other party has ceased to be Hindu by conversion introduction of the bill in the National Assembly,
to another religion. the Senate Functional Committee voiced for
removing the clause 12(1)(iii) and maintained that
The issue came to the limelight particularly when
change of religion did not qualify as a ground for
the Patron of Pakistan Hindu Council and Member
termination of marriage.10 Certain members even
of National Assembly Dr. Ramesh Kumar
used very strong expressions to oppose this
Vankawani argued for removal of this clause. His
provision. Senator Farhatullah Babar (PPP), for
contention was that it could be misused against
instance, termed this clause as a grave human
Hindus and might facilitate forced conversions.
Alternatively, he proposed that wife or husband

7
Zahid Gishkori, Hindu Marriage Bill, 2015: Government all set to pass landmark legislation, Express tribune, May 15,
2015, Accessed April 18, 2016, http://tribune.com.pk/story/887005/govt-to-pass-landmark-bill-allowing-hindus-to-register-
marriages/.
8
Myra Imran, NA Committee Accept The Hindu Marriage Bill 2015, The News, February 09, 2016, Accessed April 18,
2016, http://www.thenews.com.pk/print/96952-NA-committee-accepts-The-Hindu-Marriage-Bill-2015.
9
Ibid; Kalbe Ali, Draft Hindu marriage law crosses first hurdle, Dawn, February 09, 2016, Accessed April 20, 2016,
http://www.dawn.com/news/1238375. ; The said clause is retained in the draft bill as reported by the Standing committee of
National Assembly of Pakistan and submitted on August 17, 2016.
10
Jamal Shahid, conversion will not annul Hindu marriage, Dawn, February 18, 2016, Accessed April 18, 2016,
http://www.dawn.com/news/1240334.

[2]
right violation of Hindus.11 Chairperson of the
Committee Senators Nasreen Jalil (MQM) who
had convened this meeting12 as well as the
members Sitara Ayaz (ANP), and Mir Kabeer
Ahmed Muhammad Shahi (NP) supported the
same view.13 Earlier, PPP Parliamentarian Senator
Taj Haider had expressed his disagreement to
insertion of such clause for discouraging cross-
marriages.14
Significantly, this sharp criticism was being
spelled out only two days after passage of similar
law from the provincial assembly of Sindh where
PPP is ruling and MQM is in opposition.
Interestingly, on February 15, 2016 Sindh Minister
for Law and Parliamentary Affairs Nisar Ahmad
Khuhro moved the Hindu Marriage Bill 2016 in
the Provincial Assembly, which passed the bill
after debate on the same day, without even
referring it to the Standing Committee.15 The
Sindh Hindus Marriage Act, 2016 too incorporates
similar clause as a ground for the termination of
marriage and no contradicting voices were
reported even from the opposition on this point.16
The concerns regarding the termination on the
basis of conversions, resonated in certain sections
of media as well.17 Some contributors to media
also claimed that it was the Council of Islamic
Ideology (CII) that had included conversion
among the grounds for termination of Hindu
marriages.18
At a point where this significant and much needed
legislation is entering advanced stage of
deliberations, it is important that facts be put
straight so that incorrect assumptions and
miscalculated opinions do not further hamper the
progress of this bill.
Did CII insert 12(1)(iii) in the Bill?
Contrary to assertions being made, the termination
of Hindu marriage on conversion of one spouse
was not originally introduced by the Council of
Islamic Ideology. In fact, similar provision was
part of the 2014 bill introduced by Hindu MNAs
Dr. Darshan and Ramesh Lal.19 Actually, that bill
had counted the conversion to another religion as
the first ground on the basis of which a spouse
could seek judicial separation.20 Conversion had
also been listed as the first ground for obtaining a
decree of divorce.21
More importantly perhaps, this clause is identical
to the section 13(1) of Indian Hindu Marriage Act,
1955 as well. Indian law says:
Any marriage solemnized, whether before or after
the commencement of the Act, may, on a petition
presented by either the husband or the wife, be

11
Ibid.
12
Dawn.com/ Reuters, Sindh Assembly Approve Hindu Marriage Bill, Dawn, February 15, 2016, Accessed April 18, 2016,
http://www.dawn.com/news/1239719.
13
Jamal Shahid, conversion will not annul Hindu marriage, Dawn, February 18, 2016.
14
Dawn.com/ Reuters, Sindh Assembly Approve Hindu Marriage Bill, Dawn, February 15, 2016.
15
Hafeez Tunio, Sindh Assembly becomes first in Pakistan to pass Hindu marriage bill, Express Tribune, February 15, 2016,
Accessed April 18, 2016, http://tribune.com.pk/story/1047279/sindh-assembly-becomes-first-in-pakistan-to-pass-hindu-
marriage-bill/.
16
Dawn.com/ Reuters, Sindh Assembly Approve Hindu Marriage Bill, Dawn, February 15, 2016.
17
Kalbe Ali, Clause in draft Hindu marriage bill creates controversy, Dawn, February 14, 2016, Accessed September 8,
2016, http://www.dawn.com/news/1239400.; Peter Jacob, The Hindu Marriage Bill, The News, February 27, 2016, Accessed
September 8, 2016, http://www.thenews.com.pk/print/101258-The-Hindu-marriage-bill
18
Dawn.com/ Reuters, Sindh Assembly Approve Hindu Marriage Bill, Dawn, February 15, 2016. Kalbe Ali, Clause in draft
Hindu marriage bill creates controversy, Dawn, February 14, 2016.
19
The Hindu Marriage Act, 2014, National Assembly of Pakistan, March 4, 2014, Accessed September 8, 2016,
http://www.na.gov.pk/uploads/documents/1393931873_197.pdf .
20
Section 8(1)(i) of the Hindu Marriage Bill, 2014
21
Section 11 (1)(i) of the Hindu Marriage Bill, 2014

[3]
dissolved by a decree of divorce on the ground that
the other party
(ii) has ceased to be a Hindu by conversion to
another religion.
As far as opinion of the CII is concerned, in its
197th meeting held on 20-21 January 2015, the
constitutional body had given a nod for passage of
this bill. The only recommendation of the CII
asked for insertion of a clause stating, If any of
parties (spouses) converts to another religion, this
law will not be applicable in such case.22
This means that contrary to assertions made in
certain media representations (referred earlier),
CII did not introduce conversion as a ground for
termination of Hindu marriages. However if it did,
it did something in line with earlier demands and
precedents from Hindu community and should be
lauded for that.
Need to retain clause 12(1)(iii)
In the social setting of the country, the opposition
to the provision for termination of marriage on
conversion seems weird. The social connections
marriage being the most significant of them
among Hindus, Christians, Muslims and other
communities in Pakistan are largely dictated by
their respective religions. Inter-faith marriages
might survive in the societies where religion has
no or less significance in the social and cultural life
of the people but in a society where religion is
valued, no such precept and practice can be
imagined and followed.
Religion, as some might think, is not merely a set
of rituals; it is a mindset, a wholesome character,
an approach towards life and the Hereafter, and a
paradigm of life. Change of religion, therefore, is
not merely an amendment in the identity
documents of an individual or a readjustment of
religious rituals; it, in fact, is evolution of a
completely new person.
To relate this to the actual situation in Pakistan, it
will be useful to talk in specifics. Hindus normally
convert to Islam in Pakistan. Though it is alleged
by some Hindu community leaders that such
conversions are obtained forcefully. This surely is
a serious allegation and needs a dedicated
discussion, but the proposed scheme in case of
conversion should reassure them and not
intimidate them. Introduction of termination
clause would safeguards the right of the individual
as well as of society by involving courts in the
process, which will ensure that the conversion was
not forceful. Adopting the contrary scheme,23
would mean that the person willing to convert
might easily be restrained from approaching court
and coerced by the family and the community to
live a life against his/her will. In the words of an
Indian court, It is unconscionable to compel a
wife to continue to owe her marital allegiance to
person whose religion she has relinquished and
whose society she abhors. (1990 ILJ 32 Com37)
In case, a Hindu enters the fold of Islam, the
equation with the society, the universe, the Creator
changes entirely. By virtue of Quranic
injunctions, marital relations with a polytheist are
clearly prohibited.24 Islam has its unique and
distinct framework of life. The lifestyle, beliefs,
approaches and practices of Hindus and Muslims
are fundamentally different. Quaid-i-Azam
Muhammad Ali Jinnah was a great advocate of

22
197th Meeting of the Council-Press Release, Council of Islamic Ideology, January 21, 2015, Accessed September 8, 2016,
http://cii.gov.pk/pressreleases/p210115.pdf .
23
Proposed by MNA Ramesh Kumar to the effect that conversion should follow the termination and not precede it.
24
Al-Quran, 2:221 Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better
than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave
who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah
beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate
His praise.

[4]
 minority rights, yet he had very clearly
acknowledged that:
The Hindus and Muslims belong to two
different religious philosophies, social
customs, and literature. They neither
intermarry, nor interdine together and,
indeed they belong to two different
civilizations which are based mainly on
conflicting ideas and conceptions. 25
Such fundamental difference within a family
would mean disagreements in everything
including naming the child, rituals, ceremonies,
inheritance, and even selection of food. Not
allowing termination of marriage on the ground of
conversion would mean a perpetual conflict; not
only within a home but also amongst the families,
clans and religious groups.
Differences between Muslims and Hindus are
stark but distinctions of Hinduism with
Christianity (the other likely option for conversion
of Hindus in Pakistani context) are not less. A law
without a provision like 12(1)(iii) would
negatively impact the lives of individuals as well
as give rise to communal misunderstandings and
increase gaps.
What actually needs to change?
Having said all the above, clause 12(1)(iii) also
needs slight, yet very significant, change.
According to the current draft, the right to
approach the court for seeking termination of
marriage is available only to the person whose
spouse has converted. The person who would
convert shall not have such right through express
endorsement of law. This is illogical as well as
discriminatory.
Thinking reasonably, it will be the converted
person who, in most cases, will like to approach
the court for termination of marriage so that he/she
might establish her social connections according to
her newly adopted preferences. Not giving such
person the right to approach the court and
providing it to the other party would actually
mean, leaving such person at the mercy of others,
particularly if such person is a woman.
Conclusion and way forward
Everyone agrees that Hindus should have a
marriage law in Pakistan without further delay.
Still, the process is lingering on at different
pretexts. Long and numerous rounds of
discussions at various forums have already taken
place on the draft law.
There may still be room for improvement and
legislators should always attempt at removing the
flaws of any law to the extent possible but false
assumptions, incorrect assertions and opinions
detached from the social realities should not be
allowed to creep in again.
One obvious and extremely sensitive room for
improvement is that the right to seek termination
of marriage should equally, rather preferably, be
made available to the person who would convert.
Without this, the law would be discriminatory and
even oppressive.
Termination of Hindu marriage on conversion is
not only the original demand of the Hindu
community but also is necessary for content
individuals and united society.

Prepared by: Nadeem Farhat Geelani, Tauqeer Hussain | For queries: Tauqeer Hussain, Asst. Research Coordinator, tauqeer@ips.net.pk
www.ips.org.pk

25
Address by Quaid-i-Azam Mohammad Ali Jinnah at Lahore session of Muslim league, March, 1940 (Islamabad: Directorate
of Films & Publications, Ministry of Information & Broadcasting, Government of Pakistan, Islamabad, 1983), pp.20-21.

[5]