A sensible step

The decision by the Punjab government to withdraw clauses in the new nikahnama introduced recently by annulling the relevant notification is to be welcomed. The poorly thought-out nikah form would have added new restrictions in the way of adults wishing to wed by choice, as they are permitted to do under the law of the land. The provision that parents sign the form would go only to strengthen the tradition of forced marriage that prevails everywhere in our country. Every year we hear horrendous accounts of couples who have been tortured or even murdered in the most brutal fashion for attempting to marry of their own free will. In many cases they have aroused the wrath of family simply by choosing to wed across lines of caste, clan or sect. Means need to be found to offer them further protection rather than to snatch away the right available to them. A Supreme Court ruling protecting their right to do so already exists. For this reason the criticism directed against the move has come in fast and fiercely from MNAs, activists and others concerned with the need to create a more progressive society rather that one rooted in medieval practices of various kinds. That said, we wonder that why was such a retrogressive provision inserted in the first place.

The medical provision in the nikah form was however at least somewhat relevant. We do need to check the rapid growth of inherited diseases including thalassemia, deafness, blindness and other forms of sickness by controlling marriages between those who carry the genes for the same ailment. The common practice of matches between first cousins acts also to perpetuate the growth of serious disorders that prevent children from leading normal lives or expands the numbers suffering conditions such as diabetes and heart disease. By requiring a medical certificate from the bride and groom the new nikah document aimed to check such problems. We need, however, to look at the matter with realism and awareness of the way in which our society functions. There is every likelihood that the certificate would have been fabricated with the connivance of the many medical practitioners willing in exchange for few thousand rupees to issue whatever letters are required. The main focus should be on creating public awareness as to why premarital testing is required. This should precede the introduction of any changed pro forma for marriage. The families need to be educated about the dangers of intermarriage and the risks this poses to the next generation. This can best be done by using the media and persons with influence in their communities including prayer leaders and nikah registrars. That this needs to be done should be obvious to all of us given that a significant proportion of marriages are between cousins and hence chances of children born with genetic defects are relatively high.

There is of course plenty of scope for improvement in the nikah form itself. Provisions that protect the rights of women, especially the husband granting the wife the right to divorce, are as a matter of routine crossed out by clerics conducting the marriage ceremony. This practice needs to be strongly discouraged, and in this matter prospective brides and their families need to take the lead role since in many cases women are not even aware of the existence of such a proviso on the form. Changes in the nikah document have a potential to affect a very large number of people. It is therefore imperative that alterations be made only after discussions and consensus building with a wide range of people able to offer relevant opinion on the changes and their likely impact. We are fortunate the retrogressive changes introduced in the Punjab have been withdrawn. As for society, it needs to treat both parties to the nikahnama, which is essentially a contract, as equals. However, that is easier said than done given the strong misogynist strain that permeates a society where women have hardly any say in the matters that directly affect them the most.

Published in The Express Tribune, July 12^th, 2010.