Hudood laws vs. family Laws

Additional Session Judge Raiwind sentenced Samia and her second husband Fazal Masih both Christians under Hudood laws. Samia was married to Liaqat but few days after her marriage she left him. She married again with Fazal Masih without a divorce from her first husband. Daily Nawa-e-Waqt March 19, 2006

2- Tabeena of Sargodha married Asif Masih against her parents’ wish on December 11, 2005. Her father registered a case against her when she refused to divorce Asif.

Justice Muhammad Bilal Khan of Lahore High Court ordered the police to produce the record of the case. Tabeena appealed the Court to stop the police from harassing her and, the dismissal of the case against her.                                                                         Daily Times January 19, 2006

Defraud in marriage

Zarina Barkat Masih of Chak # 36 DB Khushab married Inderyas Masih of the same District in 2004 according to the Christian rites. Zarina discovered that Inderyas had embraced Islam and was already married to a Muslim girl Farzana and had two kids, living in Punnun Aqil.

An application (CC-2794) was filed with DIG Sukkar on 31-10-05. There was not redress provided to Zarina mainly because the culprit used majority religion as a cover.                           NCJP Report

Hudood Case within minority

Lahore High Court called for government’s opinion on whether the Hudood Ordinance was applicable on non-Muslims in Pakistan. The court gave these remarks when a Christian woman Tehmina filed an application to the court to dismiss the case against her. Zubeda, her mother lodged a case under Hudood Ordinance alleging Tehmina’s husband that he had abducted her daughter and married her forcibly.

The case was registered at Sargodha but Tehmina stated in her application that she married with her free will. She requested dismissal of the case on account of her religion. Later, her mother withdrew the case and saying that she had forgiven her daughter. Daily Nawa-e-Waqt November 22, 2006

Hudood Case

Azeem Masih registered a Hudood case in 2003 against his wife that she had converted to Islam and married Tanveer Ahmad who had also converted from a Hindu. When the couple was arrested on May 30, 2006 they were unable to present their marriage certificate (Nikkah Nama). They were sent to Kohat jail along with their 10 months old son Abu Bakkar. Supreme Court on July 17, 2006 approved their bail on personal guarantee and order to additional session judge Kohat to decide upon the case within two months. Daily Pakistan July18, 2006

Recommendations

1. Family or personal laws for religious minorities in Pakistan should be reviewed by a competent and representative Review Commission to check injustices against minority citizens through abuse of these laws and procedures, to see that these personal laws comply with human rights standards and prevent the overriding effect of the personal law of the majority community.

2. The application of religious jurisprudence of one group on the other will always be a problem, e.g. Hudood Ordinances, Qisas and Diyat, Law of Evidence. Moreover the overriding effect of the Muslim personal laws on those of religious minorities has no justification. Therefore the all criminal laws based on religion should be removed and legal safeguards provided to the religious minorities against abuse of personal laws.

3. Family laws should be enacted for Kalash and other communities who are not governed by any such laws. Sikh and Hindu Personal Laws should provide for a marriage registration / certificate.

4. In order to vitalize the institution of family and stop malpractices and enable marriage without mandatory conversions, a Common Civil Code should be enacted to make it possible for the citizens to contract a civil marriage, interfaith and otherwise.

5. The government should sponsor a training / awareness campaign on the personal laws and customs of religious minorities for the subordinate judiciary and prosecution officers. Police training should include a course on the problems of religious minorities in order to sensitize them to be able to handle gross injustices to the minorities.

6. A literacy drive for the all poor women, including minority women, in target areas should be initiated so that they do not become victim of violence.

The government and the civil society should undertake awareness campaigns to uplift social consciousness, self respect and confidence among minorities especially among women and parents.