Peshawar – The legislative committee of the Pakistan provincial cabinet of the Khyber Pakhtunkhwa (KP) has passed the draft of the Kalash marriage bill in a landmark development towards the smallest and oldest indigenous community of Pakistan.
This is an important move that satisfies a long-standing request of the Kalash people and brings the legislation nearer to being introduced to the provincial assembly. The bill will be the first legislation in Pakistan that will protect the cultural and marital rights of the Kalash, who are known for their own practices and a unique identity.
Kalash Culture
The ethnoreligious and polytheistic Kalash people live in remote Chitral valleys in Pakistan. The community, known internationally due to its colourful culture, distinct language, and ancient traditions, generally associated with Indo-Aryan or even Greek origins, has never had a codified legal system to safeguard its unions.
Throughout centuries, marriages in society were governed by very strong traditions, but were not officially recognized by Pakistani law. This has exposed the Kalash couples and families to legal troubles and social nuisances, especially in relation to inheritance and court cases.
A Milestone for Cultural Preservation and Legal Rights
The bill is an important move to correct a historical oversight and also give the Kalash community invaluable legal protection. The bill seeks to establish and legalize the centuries-old marital practices of the community in order to grant them cultural identification and offer a legal means of registering marriage.
As the co-drafter of the bill, Qamar Naseem, pointed out, the legislation is not just a legal reform, but a recognition of their basic rights as well. He said the bill was written with a wide participation of the community, given that there was no written account of the religious practices of the Kalash.
This act will provide a form of formal registration where the marriage registrars appointed by Kalash will ensure that all marriages that take place under their practice are registered. This should help safeguard the couples against legal exposure and guarantee that their rights will be observed by Pakistani law.
Addressing Social Challenges and Legal Gaps
Other important social and legal concerns are also covered by the new bill. It establishes a minimum age of marriage at 18 years for both men and women in accordance with the national and international child protection systems and has aided in the prevention of child marriages within the society.
The bill also makes divorce and alimony procedures codified as per the traditional Kalash practices. It also brings in the element of punishment, like fines and imprisonment, in cases of offences like underage unions or breaches of law through not registering a marriage.
Although the community has long held certain distinct local customs, as marriage by elopement or the price paid to settle disputes, as components of the social structure, the lack of a legal structure has caused confusion and contradiction with national laws. The new bill will fill this gap and enable the Kalash to continue practicing their culture, but at the same time have their unions recognized legally.
