ISLAMABAD: The Senate Functional Committee on Human Rights on Monday approved the ‘Hindu Marriage Bill, 2016’ with an overwhelming majority amid opposition from Senator Mufti Abdul Sattar of the Jamiat Ulema-i-Islam-Fazl.
The bill, which was passed by the National Assembly in September 2015, will be the first personal law for Pakistani Hindus, applicable in Punjab, Balochistan and Khyber Pakhtunkhwa. Sindh has formulated its own Hindu marriage law.
Chairperson of the committee Senator Nasren Jalil tried to arrive at a consensus decision by taking the vote twice, and was able to get a nod from senators Dr Jehanzeb Jamaldini, Sitara Ayaz, Aitzaz Ahsan, Nisar Mohammad and Dr Ashok Kumar.
However, Senator Sattar repeatedly expressed his dissent.
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“The bill itself will be a trouble for Hindus,” he said, adding that it would pave the way for other religious minorities to demand a separate marriage law for them.
However, his disagreement invited arguments from Hindu parliamentarians who were specially invited by the chairperson.
Dr Ramesh Kumar Vankwani, Dr Darshan and Mr Sanjay Perwani stressed that the bill related to the marriage laws for Hindus living in Pakistan and not much to do with Muslims.
Senator Sattar continued his opposition, saying that the bill was against the spirit of the Constitution. He said the Constitution of Pakistan was based on the principals of Islam.
“The age of marriage as termed in this bill is 18 years, but there is nothing of this kind in the Constitution,” he added.
When the matter was referred to Senator Aitzaz Ahsan, he said that the bill was in accordance with the essence of the Constitution and not in contrast with Islamic jurisprudence.
The bill will now be presented in the Senate and after getting approved from the upper house it will be forwarded to the president for his assent.
The committee also discussed the report of the Judicial Commission on the Quetta carnage, and it was noted that the state machinery in the country backed banned outfits. The senators expressed concern over the impunity with which some banned militant organisations continue to operate in the country.
“Something strange was noted recently ..... China vetoed a vote against banned group Jaish-e-Muhammad at the UN,” Senator Farhatullah Babar said.
“It is understood that the state institutions must have influenced the government of China because there is a negligible chance that Jaish-e-Muhammad chief Moulana Masood Azhar might have approached the Chinese to save him from sanctions by the UN,” he said, adding that the government of Pakistan should justify its rationale.
The committee decided to ask for clarification from the government on the issue.
The committee members also expressed surprise over the response of the interior ministry to a question as to why Nacta’s (National Counter-Terrorism Authority) board of governors had not met even once over the past two years.
Senator Aitzaz Ahsan said that the interior ministry should be asked to update the nation on the issue of banned groups, National Action Plan, performance of Nacta and the implementation status of court judgements in this regard.
The committee decided to forward these questions to the interior ministry for its reply.
Published in Dawn, January 3rd, 2017
