In a historic move, Pakistan recently enacted the Sikh Marriage Act, officially known as the Punjab Sikhs Anant Karaj Marriages Act 2018, in the Punjab province on July 1st, 2024. This historic legislation marks a profound step towards inclusivity by identifying the unique customs of minority communities within the country. Punjab stands as the only province in the world to implement this dedicated law for Sikh marriages. Under the new law, Sikh marriages will now be officially registered under Pakistani law and will hold legal validity in terms of proving marital status or securing rights related to inheritance, custody of children, and/or property.
The well-received new law moves away from past norms by legitimizing marriages conducted under the Anand Karaj ceremony, irrespective of gender, caste, or marital history. This sacred ceremony, rooted deeply in Sikh tradition, symbolizes the union of two people before the Guru Granth Sahib, the holy scripture of Sikhism. While earlier, Sikh marriages were documented informally within the community through traditional methods such as handwritten records kept by gurdwaras or family records, they will now be legally accepted under the law.
The absence of official registration basically meant that Sikh marriages were not formally recognized by government authorities, which would ultimately lead to several complications in legal matters, especially when spouses needed to assert their marital status or rights in courts or government offices. Without legal recognition, Sikh spouses — particularly women — faced vulnerabilities concerning their rights in the event of disputes, separation, or the death of a spouse. They might not even have been able to access legal remedies or protections that are typically available to legally-recognized marriages. The whole point of enacting the new law is to address all of these vital shortcomings to better protect not only the Pakistani Sikh community, but also Sikh couples worldwide as the law allows and encourages Sikh couples all over the world to come and register their marriage in Punjab, Pakistan.
My views on Passing of the Sikh Marriage Act in Punjab, Pakistan. pic.twitter.com/Q0KyWU3FF9
— Sardar Ramesh Singh Arora (@SardarArora) June 26, 2024
In practical terms, under the new Sikh Marriage Act, the Sikh boy and girl should be at least 18 years of age, while a five-member Sangat will make recommendations on any issues between the bride and groom. The word “Sangat” itself means “association” or “company” in Punjabi, and it refers to the gathering of Sikhs for religious worship, prayer, and communal activities. The union council chairperson is advised to be selected from the bride’s council.
As far as divorce is concerned, the Sikh couple can now seek a separation through legal mediums and family courts. They will now be bound to send a written notice to the chairperson and both parties will now be required to provide a copy. Within 30 days of receiving the notice, the chairman will then put a reconciliation committee in place and if the couple fails to reconcile within 90 days, a divorce certificate will be issued.
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Pakistan is home to a vibrant Sikh community, primarily residing in the province of Punjab, where their historical ties go back centuries. In fact, Guru Nanak, the founder of Sikhism, was born in Nankana Sahib, a city in what is now Pakistan. Despite their long-standing presence, Sikhs have often faced challenges in practicing their religious traditions and rituals under the country’s existing legal framework, which did not adequately accommodate their specific cultural practices, particularly marriage and other religious practices. No one is aloof from the persecution against the Sikh community in Pakistan since the Indo-Pak partition. Several major violent incidents have taken place, often as a result of targeted violence, communal tensions and lack of protection, that have shaken the resolve of many hopeful Pakistanis who dream of living in a diverse and inclusive nation that welcomes people from across the globe to see the true beauty of the country, and guarantees their safety.
Unfortunately, regularly targeted killings, harassment and forced conversions take place against individuals belonging to minority groups, including Sikhs. According to the Human Rights Watch World Report 2024 on Pakistan, “Blasphemy-related violence against religious minorities, fostered in part by government persecution and discriminatory laws, intensified. Attacks by religious extremists, targeting law enforcement officials and religious minorities, killed dozens of people in 2023.”
In my opinion, however, even though the political and economic aspects of the country do not seem too promising at this point in time, at least by officially recognizing this ceremony, Pakistan evidently seems to be committed to preserving the cultural and religious identities of its Sikh population.
The Punjab government in Pakistan is also planning to introduce the Hindu Marriage Act to recognize and protect the martial rights of its Hindu citizens.
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The Punjab government in Pakistan has approved the Sikh Marriage Act, effective immediately, to facilitate the Sikh community. Now, Sikh couples above 18 can… pic.twitter.com/WSsUrm31M8
— Pakistan Sikh Gurdwara Parbandhak Committee (@SGPCPakistan) June 26, 2024
For the Sikh community in Pakistan, the passage of this act represents more than just a legal formality. It signifies a long-awaited acknowledgement of their distinct cultural practices and a validation of their right to uphold their religious traditions without compromise. Previously, Sikhs often faced bureaucratic hurdles and societal challenges in registering their marriages under the generic marriage laws of Pakistan, which did not align with their customs. The new act provides clarity and legal certainty for Sikh marriages.
This milestone holds immense emotional significance amidst Pakistan’s rich tapestry of historical Sikh sites, emphasizing the community’s enduring presence and contributions. From the distinguished Gurdwara Janam Asthan in Nankana Sahib to the spiritual sanctuary of Gurdwara Panja Sahib in Hasan Abdal and Gurdwara Darbar Sahib Kartarpur, these places not only serve as places of worship but also as symbols of mutual respect that reflect the deep-rooted Sikh heritage in Pakistan. Furthermore, they attract pilgrims and visitors from around the world, encouraging cultural exchange and promoting religious tolerance and understanding.
The act is expected to strengthen the social cohesion within the Sikh community by ensuring that their marriages are recognized not just by their faith community, but also by the state. This recognition enhances their sense of belonging and integration within the broader Pakistani society, raising greater harmony among different religious groups, something that has been gravely lacking in recent decades.
Internationally, Pakistan’s decision to enact the Sikh Marriage Act has been widely viewed as a positive step towards promoting religious tolerance and upholding minority rights. In recent years, Pakistan has made dedicated efforts to improve its image on the global stage, particularly concerning its treatment of minority communities. Over the centuries, Sikhism flourished in the region, with numerous gurdwaras (Sikh temples) being established. Many of these gurdwaras were turned into schools, stolen by land grabbers, turned into government institutions and offices, or were simply shut down due to pressure by extremist groups.
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However, these gurdwaras are now being restored. For example, in 2022, Gurdwara Sri Guru Singh Sabha, a Sikh place of worship said to be 200 years old in Quetta, Balochistan, was reopened to Sikh people after seven decades. In 2023, a 100-year-old Gurdwara in Faisalabad village was restored to its original form for the ancient Sikh residents of their village. In this particular case, the Jamia Masjid of the village is located on the north side of the Gurdwara, while the mausoleums and graves of village elders are on the east, and all religious places are equally respected by the village head. Earlier this year in 2024, the conservation and restoration of the historic Gurdwara Bhai Karam Singh, a significant site for the Sikh religion in Jhelum, Pakistan, has also been initiated. The objective is to restore the Gurdwara to its original state and is expected to boost tourism, being part of a historical complex that includes other significant buildings like Shiv Mandir, Afghana Masjid, Sanghui Mandir, Shiranwala Haveli, Gurdwara Chowa Sahib, and Rohtas Fort.
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As Pakistan moves forward with the implementation of the Sikh Marriage Act, there is optimism among the Sikh community and advocates of religious freedom that similar legislative measures may follow to address the needs of other minority groups. I, for one, am among the many Pakistanis who are ecstatic about finally seeing the rights of their Sikh brothers and sisters recognized, something that has been long overdue, especially since Article 20 under the Constitution of the Islamic Republic of Pakistan technically protects religious freedom by prohibiting faith-based discrimination and guaranteeing the right to religious practices and religious education. Well, at least on paper.
I sincerely hope that we will gradually do the same for all minority communities across the country and that perhaps this may ease the religious apprehensions that are projected by religious extremist groups.. The ultimate goal is to have all provinces follow suit and respect the human rights of non-Muslims in the country. As the implementation progresses, the act is all set to bring about positive social and legal changes that will benefit not only the Sikh community but also the entire nation.
