Maharaj Diya Ram, a Hindu Pandit residing in the Mirpur Khas area of Sitar Nagar, has performed weddings within the Meghwar community and other religious rituals for the past 20 years. However, he has been facing difficulties for some time now.

He mentions that married couples are requesting marriage certificates from him. However, Diya Ram is not familiar with the technical details  of issuing certificates.

In Sindh, a formal law has been enacted for Hindu marriages, under which pandits will also be registered, and only registered pandits will be authorised to issue marriage certificates. Diya Ram got to know about this law some time ago.

According to the 2023 census, there are more than 4.1 million Hindus in Sindh; however, the Pakistan Hindu Council claims that the Hindu community comprises over 5 million individuals.

The Sindh Hindu Marriage Act 2018 has been approved in the province, but the majority of the Hindu community, including Pandits and other stakeholders, are either unaware of it or not well-versed in the legal implications.
The National Lobbying delegation advocating for the passage of this Act includes members from minority rights, and among them is M Parkash, a lawyer by profession.

M Parkash, also the head of the Hindu Panchayat in Hyderabad District, says that in 2016, the Sindh Assembly passed the Hindu Marriage Registration Act.

Two years later, the law underwent amendments, and the Sindh Hindu Marriage (Amendment) Act 2018 was introduced, becoming a comprehensive family law with established rules. Before this, especially in Sindh, marriages within the Hindu community were neither registered nor did they have legal protection.

“According to this law, it is mandatory to register a Hindu couple’s marriage within 45 days. Even marriages that occurred before the enactment of this law must be registered under its provisions.”

He says that pandits will be registered at the Pandit Registration Union Council level. The Sindh Local Government Department officers have been vested with the authority to facilitate the registration of pandits. The Hindu population will determine the number of pandits eligible for registration in each union council, and those registered will be authorised to issue marriage certificates.

He points out that the Sindh Hindu Marriage Act of 2018 has also brought numerous advantages for Hindu women.

For instance, this law has made it possible to curb early marriages within the Hindu community by mandating that the minimum age for a Hindu girl to get married is 18 years.

“Hindu women residing in Sindh have, for the first time, been granted the right to a second marriage.

“Additionally, they now have the right to seek divorce from their husbands.”

Why aren’t Pandits getting registered?

Despite the issuance of formal notifications for the registration of pandits in all district councils, tehsil councils, town councils, and union councils under the Sindh Hindu Marriage Act, the process of registering pandits is progressing slowly.

In this regard, Director of Local Government Hyderabad Division Habibullah Sadiqi says that under the Sindh Hindu Marriage Act, the responsibility for the registration of pandits has been assigned to the Municipal Department. His department is bound to act according to the law; however, the community is not ready for registration.

According to him, most of the Hindu community is not aware of this law, so it is necessary to first inform them about it.

“We are available for registration, but very few pandits are coming.”

The opinions of the pandits on this matter are different.

Maharaj Diya Ram says that he had applied to the Municipal Commissioner of Mirpur Special Municipal Corporation in June 2023 to register as a pandit, but the notification for registration was issued in October 2023. In his opinion, the delay was because the municipal officer did not have knowledge of the registration process and what should be written in the notification.

“The municipal officer issued the pandit permit four months after repeatedly making rounds of the office.”

Maharaj Diya Ram says that his registration has been completed, but nobody is telling him what needs to be written on the stamp he will use to issue marriage certificates.

Maharaj Kishor Kumar Sarsot is also a Hindu Pandit and belongs to Tharparkar. He also expressed his reservations when asked why the Sindh Hindu Marriage Act is not being implemented.

Kumar points out several obstacles and complexities in implementing this law that need addressing. He emphasises the need for uniform registration fees for Pandits across all districts. Many municipal department staff are unfamiliar with the Hindu Marriage Act and should be sensitised to it. A survey of Pandits, along with providing an acceptable format for marriage certificates, can streamline the utilisation of this law.

Additionally, there is a communication gap between officers at the town and union council levels of the municipal department, causing delays in implementing the Hindu Marriage Act.

In accordance with a recent survey, registration fees for Pandits exhibit notable discrepancies across various districts of Sindh. Within the confines of the Mirpurkhas district, the registration fee has been established at five thousand rupees, a sum widely regarded as considerable. In the Umerkot district, Pandits are subject to a registration fee of one thousand rupees, while in the Sanghar district, town committees impose fees ranging from two to five thousand rupees.

The most modest registration fee is mandated in the Tando Allahyar district. Notably, the town committee of Sultanabad in Tando Allahyar recently levied a Pandit a fee of five hundred rupees for registration, a charge deemed acceptable within reasonable bounds.
Some Pandits assert their inability to register, attributing this hindrance to the exorbitant registration fees.

Habibullah Sadiq, the Director of Local Government, Hyderabad Division, asserts that, in accordance with the Local Government Act, local councils maintain the autonomy to establish their taxes and fees.

Consequently, the registration fees for Pandits are independently determined in distinct geographical areas.

Krishan Sharma, a member of the National Lobbying Delegation for Minorities, actively engaged in addressing minority concerns in Pakistan, emphasises the necessity for heightened public awareness regarding the Sindh Hindu Marriage Act.

“This document serves as a crucial tool in preventing incidents of forced religious conversion and provides a legal framework to address issues concerning the care of Hindu children and inheritance. Through the implementation of the Sindh Hindu Marriage Act, the state has taken measures to safeguard the rights and interests of the Hindu community.”

He notes that although the National Assembly has passed the Hindu Marriage Act 2017, the rules governing the implementation of this law have not yet been formulated in Punjab and Khyber Pakhtunkhwa.

Similarly, despite the legislative passage of the law, its effective implementation has yet to be realised in these two provinces.

He advocates that the Sindh government should initiate the process by training pertinent officials in the local government department to implement the law efficiently. Subsequently, organising awareness sessions with Hindu Pandits and offering them guidance is crucial.