Rights of minorities

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THIS is with reference to the report “Federal Constitutional Court upholds validity of Christian woman’s marriage to Muslim” (March 26). The judgment raises serious questions regarding the protection of minors, particularly those belonging to religious minorities. As highlighted in the report, the court relied, in part, on the woman’s ‘physical appea-rance’ to assess her age. However, under Section 8 of the Juvenile Justice System Act, 2018, when the age is disputed, a formal and transparent process must be followed — including verification through birth records, educational documents, or medical examination by a qualified officer.

Additionally, Section 19 of the Christian Marriage Act, 1872, requires consent of parents or guardians in cases involving minors. The fact that the girl’s father had challenged the marriage suggests free and informed consent was not obtained. Also, the Punjab Child Marriage Restraint Ordinance, 2026, has strengthened legal safeguards by declaring child marriage a cognisable and non-bailable offence. Even when consent is claimed, cohabitation with a minor may constitute child abuse.

Beyond the legal dimensions, this case reflects broader concerns regarding the protection of vulnerable minority communities. Articles 25 and 36 of the Constitution guarantee equality before the law, and mandate the protection of minorities. However, alleged incidents of forced conversions, coercion and social pressure have contributed to a sense of insecurity among these communities.

The Quaid-i-Azam had envisioned a state where all citizens, regardless of religion, would enjoy equal rights and protection. In the absence of these rights, there are wider implications. Upholding the rule of law without exception is critical to maintaining trust and protecting the rights of all citizens.

Ammieal John
Lahore

Published in Dawn, April 30th, 2026

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