The Indian Government may have developed cold feet on framing a common law for compulsory registration of marriages fearing a Muslim backlash, but just across the border in Pakistan it is mandatory to do so. Pakistan’s Muslim Family Law Ordinance, which was promulgated in the 60s, makes it mandatory for Muslims to register marriages — with a Qazi or a family court.
The revelations were made by members of Pakistan’s National Commission on Status of Women who recently concluded a visit to the country. The delegation had come to study the functioning of Indian institutions working for women’s rights.
Expressing surprise at the Indian stand, leader of the four-member delegation Simi Sadaf Kamal said, “Without registration of marriages, you are exposing a woman to grave uncertainties and whims of her husband.” “Compulsory registration of marriages is a crucial move to check child marriages. Also, if a woman has no documentation of her marriage, how does she prove it?” she added.
In fact, Union Law Minister HR Bhardwaj’s announcement that the proposed law would be only meant for Hindus as the Government did not want to be seen tinkering with personal laws of other communities had come as a shock to policy makers and activists across the country.
Speaking about the controversial Hudood ordinance, Kamal said the Musharraf government had taken the first step to repeal some of its clauses by introducing a Bill but “our ultimate aim is the total repeal of the ordinance.”
The other members of the delegation were Dr Shahida Haider, Dr Parveen Shah and Dr Suhela Asif.