High time: SHC wants protection for couples marrying of free will

Court asks govt to prepare mechanism for their security, submit compliance report for 2016 order

HYDERABAD: For the protection of couples marrying of their free will and without the consent of their families, the Sindh High Court (SHC) has ordered the provincial government to prepare a mechanism for their safety.

The order was given on Tuesday by Justice Salahuddin Panhwar in three identical petitions filed by women complaining about harassment and threats to their lives, while seeking safety. The judge observed that the couples approach the court for their security after the police and state institutions fail to ensure that their fundamental rights are protected.

"[Couples] approach this court for safety and protection always after a complaint of failure of quarter concerned in discharge of its obligatory duty [generally against the police]," reads the order, adding that the three amicus curiae and as many counsels of the petitioners have all pointed to this fact.



During the last two years, as many as 1,837 petitions were filed in the SHC's benches in Hyderabad, Sukkur and Larkana, according to the figures submitted during the hearing. These include 762 petitions in SHC Hyderabad, 544 in SHC Sukkur and 531 in SHC Larkana. Among them some 1,464 cases have been disposed of, while 373 cases - 173 in Hyderabad, 138 in Sukkur and 62 in Larkana - are still pending.

During the last hearing on June 13, the SHC ordered Sindh IG Allah Dino Khawaja to submit details of FIRs registered under Section 365-B of the Pakistan Penal Code in the last five years. The section pertains to abduction for forced marriage. These cases are mainly registered by the parents of the girls. The IG forwarded the SHC's order to the deputy inspector generals (DIGs) of all the police ranges in Sindh. However, only the Hyderabad DIG submitted the report on Tuesday.

According to the report, up to 1,848 cases were registered at the police stations under Section 365-B. Of these, 834 were disposed under class c, 105 under class b and 79 under class c. The judge, however, noted that the report does not mention how many of these cases were quashed on the court's order.



The counsels for the petitioners, advocates Shahnawaz Brohi, Saeed Shams Memon and Muhammad Aleem Arain, objected to publishing of names and pictures of the free will marriage couples in newspapers. They argued that the law considers it an offence to publish names of children under the age of 18.

"The point raised here is a serious one, hence, requires [a] proper hearing," the judge observed and ordered the additional advocate-general to come prepared to argue on this issue on the next hearing. Advocate Rai Singh, an amicus curie, pointed out that girls who marry after changing their religion are exposed to higher risks, both from their in-laws and parents.

The SHC referred to PLD 2016 of Rehmat Bibi versus SHO Karan Sharif, in which the high court ordered the Sindh government to establish a commission under the Women Act, 2015 within three months after the order. The commission was ordered to prepare recommendations of permanent measures for security of couples, primarily women, in such cases.



The order had also called for establishing safe houses and rescue centres at taluka level in districts of Sindh, to be managed by the district administration and police respectively. However, Justice Panhwar observed that no material or worth appreciating improvement has been made in compliance with the SHC's earlier order.

Fouzia Ashraf, deputy director of women development department, informed the court that 18 of her department's women hostel buildings in Hyderabad division are occupied by other government departments. She claimed that despite having their own buildings, the department has been given an office in the building of the labour department.

The judge adjourned the hearing till June 30, while ordering the Sindh chief secretary and home secretary to submit compliance a report for the 2016 order about establishment of safe houses and rescue centres. The government was also asked to hand over the women development department's vacant buildings and provide security to the department's officials.

The DIGs of Hyderabad, Mirpurkhas, Sukkur and Larkana police ranges were asked to comply with the court's June 13 order and submit a report.