The Sindh Human Rights Commission (SHRC) today asked the Sindh government to amend the Sindh Hindu Marriage (Amendment) Act, 2018 to address the absence of a clear procedure for dissolution of marriage in the event of conversion to another religion.
The commission aims to establish a clear legal process for dissolving marriages when one partner changes religion. Sukhdev Assardas Hemnani, a member of the SHRC, formally requested the Law, Parliamentary Affairs, and Criminal Prosecution Department to close this legal loophole. The concern is that religious conversion could be misused for coercion or exploitation.
The commission cited a High Court of Sindh order from September 30, 2022. The court noted that while grounds for marriage termination exist in the law, there’s no clear process for managing the dissolution. This includes procedures for filing petitions, the role of Family Courts, the waiting period (“Iddat”), and the right to accept or reject a partner”s new faith.
The SHRC has advised the Law Department to present this issue to the Provincial Cabinet/Assembly. This is to create a comprehensive process for dissolving marriages, specifically addressing Section 11 (iii) of the Sindh Hindu Marriage (Amendment) Act, 2018.
The SHRC believes that establishing a clear procedure will reinforce Sindh’s dedication to minority rights, the rule of law, and constitutional safeguards for everyone.