In a welcome move, the government has decided to enact a law to guarantee state recognition to marriages in Kalash community living in Chitral valley of K-P province. The legislation will act as legal documentation and safeguards, so it will help solve issues concerning marriage that arise in the community. It will provide legal protection to the community in all matters relating to marriage. The law will be in accordance with the customs and traditions of the community. Now marriages in the community are performed according to their religious laws, customs and traditions. The lack of legal documents issued by the state is causing problems to the community members; issues pertaining to marriage, divorce and inheritance are solved through consultation with a tribal council or Jirga. However, when the Jirga’s decision is not accepted by all parties, matters remain unresolved leading to further complications.
With a view to eliminating such issues, a marriage Act for the community has been proposed. For the purpose, a MoU has been signed by the special assistant to the K-P CM on religious affairs and the Pakistan Council of World Religions Chairman Qari Rohullah Madni. A legal practitioner from the Kalash community will help prepare the draft of the proposed enactment. The lawyer will seek the opinion and help of community elders and religious leaders to ensure that the law is formulated in keeping with the religious beliefs and values of the community. A survey relating to the legal document is underway to seek the opinion of male and female legal experts and of ordinary members of the community. These inputs will make the law come to the satisfaction of the community. After clearance by the legal experts from the community, the draft law will be presented before the provincial assembly, through the ministry of minority affairs, for deliberation and approval.
All segments of the community, including women, have welcomed the proposed law as it will help amicably resolve issues relating to matrimony.
Published in The Express Tribune, October 19th, 2020.
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