Sameer Ajmal
Whenever there is progress toward reforming Christian family laws, opposition voices begin to emerge, even though it is widely acknowledged that the laws introduced during the British era and still applicable to Christians today need to be amended. These laws contain several clear shortcomings and do not fully correspond with Christian teachings and traditions. These issues have frequently been discussed.
For example, one provision of the Christian Divorce Act requires an allegation of adultery to be established in order to obtain a divorce. During General Zia-ul-Haq’s period of Islamization, provisions of the Divorce Act that allowed divorce on other grounds were suspended. As a result, Christian couples were left with virtually only one option for separation or divorce: to prove that one spouse was guilty of adultery. Otherwise, they had to consider converting to another religion.
This did happen. Men who wanted to leave their wives sometimes accused them of adultery, forcing many Christian women to endure such allegations. Some women were eventually compelled to convert their religion. Later, through a Lahore High Court judgment, the suspended provisions were restored, resulting in some improvement in the situation.
However, because the number of Christian lawyers is limited, Christian couples often have to seek the assistance of non-Christian lawyers when approaching the courts. Since many of these lawyers have traditionally practiced under the old legal framework, in which an allegation of adultery was considered necessary, they often file cases based on such claims.
In this regard, I spoke to a lawyer who told me that in many disputes or divorce cases involving Christian couples, a similar type of claim is filed. It may state something like:
“When I went home, I saw my wife lying naked with Boota Masih (a non-related man, a fictitious name). As soon as he saw me, Boota Masih ran away. I chased him, but he managed to escape. However, in his haste, he left his shoe—or some other item that could be presented as evidence—behind. When I examined it myself, I found the allegation to be true.”
According to the lawyer, such claims can frequently be found in cases filed by Christian couples in lower courts. This suggests that Christian women continue to face allegations of immorality even today.
Christian men can also face such accusations, but Christian women are generally more severely affected because of the society in which we live. Once a woman is accused of immorality, she may become socially stigmatized for the rest of her life. Taunts and humiliation from both relatives and outsiders can become a lifelong burden.
In view of these circumstances, concerned individuals have repeatedly attempted to bring amendments and improvements to Christian family laws. However, whenever progress is made in this regard, opposition emerges from certain groups, particularly religious circles.
Some religious groups argue that Christian marriage is a sacred sacrament and therefore cannot be dissolved. Other religious groups, however, believe that there is room for ending a marriage under certain specific circumstances.
It was against this background that Sindh Assembly Deputy Speaker Naveed Anthony introduced a bill in the Sindh Assembly concerning Christian family laws. Religious groups were also consulted during the preparation of the bill. According to him, this consultation helped address some of the difficulties that had previously hindered improvements to the law, while efforts were made to facilitate Christian couples and protect their dignity and self-respect.
The introduction of such a bill in the Sindh Assembly to amend and improve the law is a welcome development. It can help remove, to some extent, the obstacles that have hindered legal reform.
If similar consultations are held with religious groups at the federal level and in other provinces, some of these obstacles could also be overcome.
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