SHRC pushes for strict laws on polygamy in Sindh

Sindh Human Rights Commission (SHRC) has recommended amendments to Sindh's legal framework to empower women to file complaints against polygamy and to enhance penalties for illegal second marriages by their spouses.

In a letter, addressed to the Local Government Department Additional Chief Secretary, SHRC Chairman Iqbal Ahmed Detho advocated for reforms, stating, "The complaint process should allow a wife, as an aggrieved party, to file a complaint for polygamy through an amendment of Rule 21 [complaints] of the Muslim Family Law 1961.”

The punishment for illegal second marriages should also be increased through an amendment of Section 6 of the Muslim Family Laws Ordinance 1961."

The letter proposed aligning Sindh's legislation with that of Punjab to bolster women's rights in this regard and to amplify penalties. It cited an increase in the sentence for any man contracting a marriage without the permission of the Arbitration Council, from 'simple imprisonment, which may extend to one year, or with a fine, which may extend to Rs5000, or both.'

Currently, in Sindh, only the Union Council can file a complaint against polygamy. "Relevant amendments should be made in Sindh to ensure that a wife can file a complaint against an illegal second marriage," emphasised the letter.

SHRC, in collaboration with Musawi, an independent organisation focusing on research and policy reforms, has launched a campaign and advocacy efforts to strengthen laws and their implementation for the protection of women's marriage rights in Sindh.

The initiative particularly targets reforms in the Nikkah nama [marriage agreement], child marriages, and other marriage-related issues falling under the civil rights guaranteed by Sections 9 and 14 of the Constitution.

The letter also proposed amending the marriage agreement by adding a column for Computerised National Identity Cards (CNICs).

It emphasised that the laws stipulate the minimum legal age of marriage for both the bride and groom to be 18 years old.

Additionally, it proposed attaching a valid CNIC copy of both contracting parties to the Nikkahnama, or in the absence of valid CNICs, a medical certificate confirming the age of both parties and a corresponding affidavit.

The letter also called for marriage registrars to be responsible for accurately completing the marriage agreement columns with complete answers from the couple, suggesting penalties for non-compliance.

The SHRC chairperson recommended establishing criteria for the appointment and licensing of marriage registrars, as currently, no regulations exist for this purpose.

Furthermore, the letter suggested amendments to divorce procedures, proposing that a woman should be able to directly notify the concerned Union Council if she has been divorced by her husband.

Presently, only men are required to notify the Union Council in case of divorce, with penalties imposed on husbands for failure to notify.

Published in The Express Tribune, May 28^th, 2024.