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Punjab ordered to issue divorce certificates to non-Muslims

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  • Lahore High Court directs provincial authority to frame rules within 90 days.
  • Petitioner says issue is faced by many members of Christian community.
  • NADRA’s Registration Policy allows change of marital status on basis of affidavit.

The Lahore High Court (LHC) Wednesday directed the Punjab government to frame, within 90 days, rules under which union councils would issue divorce certificates to members of Christian and other non-Muslim communities in Pakistan.

In many parts of the country, the divorce certificates are not issued to non-Muslims by union councils that instead claimed such certificates were “not issued to the Christian community.” This is an issue for members of the said community because, without a divorce certificate, they cannot request the National Database and Registration Authority (NADRA) to update their marital status while applying for the renewal of their identity cards.

The matter was brought to the attention of the LHC during the case Shumaila Sharif vs the secretary union council etc.

The petitioner in her appeal requested that the court is a writ of Mandamus — an order from a court to an inferior government official ordering the government official to properly — against the relevant union council and direct it to issue her the divorce certificate.

The case proceedings

The petition was heard on December 16 last year and the presiding judge was Judge Tariq Saleem Sheikh.

During the proceedings, the counsel of the petitioner, Advocate Umar Saeed, said that the issue was faced by several people in the Christian community and was not a one-off incident.

Citing Section 33 (1)(j) of the Punjab Local Government Act 2022 (PLGA 2022) — which mandates that union councils ensure registration of births, deaths, marriages and divorces for all the communities without discrimination — and Article 36 of the Constitution, which expressly requires the state to protect the minorities’ legitimate rights and interests, the counsel argued that by refusing to issue the requisite certificate, the council was failing to fulfil its legal duty.

Additionally, Advocate Kashif Alexander, the court’s amicus curiae on the matter, contended that obtaining a divorce certificate is a legal right that cannot be denied.

Together the two emphasise that while the Constitution of Pakistan (1973) does not explicitly guarantee the right to identity, Article 9 (right to life) and Article 14 (dignity of man) safeguard that right. Therefore, any citizen whose marital status changes due to the dissolution of marriage by divorce has a fundamental right to obtain a divorce certificate from the competent authority and then have their CNIC updated/revised.

The Additional Advocate General has little to defend the respondents and said that the provincial government was taking steps to address the complaints of the Christian community regarding the non-issuance of divorce certificates.

The verdict

During the proceedings, it was brought to the court’s attention that NADRA’s Registration Policy dated 06.04.2021 (Version 5.0.2) allowed a change of marital status of a divorcee on the basis of an affidavit in the prescribed form.

In light of this, the court directed that until the provincial government framed the requisite rules needed for the issuance of the divorce certificate by the union council, NADRA shall accommodate the Christian community in accordance with the Registration Policy 19.

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Rainfall throughout the night stops flights in Lahore.

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Allama Iqbal International Airport experienced many hours of flight disruption due to the intense rainfall and windstorms that occurred overnight in Lahore, the provincial capital of Punjab.

Aviation sources claim that because of the monsoon weather, the flight operation was unable to operate between 3 and 4 am.

It is possible that the planes will arrive at the airport at 4 am.

Amidst delays in foreign airline flights, three aircraft made landings in Multan and Peshawar.

Riyadh flights arrived in Peshawar Airport, while flights scheduled to land in Lahore in Abu Dhabi and Bahrain ended up landing in Multan Airport.

Seven hours later than scheduled, the Qatar Airways flight from Doha arrived in Lahore.

Because of the bad weather, there are delays in the arrival and departure of numerous international planes.

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Containers were used to seal the Red Zone before JI’s sit-in at D-Chowk.

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Authorities in Islamabad have blocked off the Red Zone by erecting containers in front of today’s (Friday) Pakistan Tehreek-e-Insaf (PTI) demonstration and the Jamaat-i-Islami sit-in at D-Chowk in Islamabad.

Jamaat-i-Islami is scheduled to stage a sit-in at Islamabad’s D-Chowk, and the Pakistan Tehreek-e-Insaf (PTI) has declared a nationwide protest against the country’s soaring inflation and recent spike in electricity rates.

Containers have been used to block access to the Red Zone’s main crossroads, D Chowk, Nadra Chowk, and Sarina Chowk.

ISLAMABAD, PUNJAB SECTION 144

In the meantime, in response to PTI and JI plans for statewide rallies, the federal and Punjabi governments enforced Section 144 in Islamabad and Punjab. Section 144 will be in force from Friday, July 26 to Sunday, July 28, per the notification that was released in this regard.

Rallies, sit-ins, protests, and rallies are prohibited from July 26 to July 28, according to a letter from the Home Department. It said that terrorists may find public gatherings to be an easy target and stated that the decision had been made with the threat of terrorism in mind.

In contrast, JI Secretary General Ameerul Azeem claimed in a statement that police had raided the residences of JI officials across the nation.

In an attempt to break up the protest, he said, police had targeted JI leaders and activists. He also alleged that multiple instances of police raids, arrests, and harassment of women had occurred in various towns.

GOVT ADVISED

The government was forewarned by Jamaat Emir Hafiz Naeemur Rehman earlier on Thursday that it would face consequences if the party was barred from accessing Islamabad for their scheduled demonstration against inflation and an increase in electricity prices.

He stated in a statement that their belief is in peaceful political protest as a means of securing public rights. “We are not afraid of arrests, and the Jamaat-e-Islami cannot be stopped,” he added.

“The historic sit-in on Friday, July 26, will represent 250 million people of Pakistan, and we will sit peacefully at D-Chowk.”

According to the JI, convoys are in route from all around the nation to participate in the sit-in. He encouraged the administration to offer a location for the protest, highlighting that it is their constitutional and democratic right to speak up for the country.

“Any political party that wishes to participate” was invited, and he welcomed them all.

Prior to the sit-in, police raided the residences of JI leaders and officials in many parts of Punjab and Rawalpindi, making multiple arrests.

Ameerul Azim, the central secretary general of Jamaat-e-Islami, was not able to be arrested during the police raid; instead, Shaukat Mahmood, his driver, was taken into custody.

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Changes to Pakistan’s Test team could be significant for the Bangladesh series.

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Major changes to Pakistan’s team are anticipated ahead of the forthcoming Test series against Bangladesh, sources in Lahore have revealed.

As the team gets ready for the series, meetings with the players are planned for next week.

It is predicted that the Test squad would undergo several changes. The team’s lineup is expected to be strengthened by the likely inclusion of Muhammad Huraira. Key players like Faheem Ashraf, Wasim Jr., Saim Ayub, and Nauman Ali, whose contributions are vital to the team’s success, struggle to get a spot on the squad.

Furthermore, according to sources, Imamul Haq or Sahibzada Farhan are anticipated to be added to the team, subject to additional assessment. Furthermore, following a fitness assessment, Amir Jamal and Hasan Ali’s futures will be determined.

The ultimate selection for the Test team will take place following Red Ball head coach Jason Gillespie’s return to Pakistan. The ultimate squad that will play Bangladesh in the forthcoming Test series will be greatly influenced by his assessments and thoughts.

Pakistan is scheduled to visit New Zealand in March and April of 2025, according to the country’s official cricket schedule, which was released earlier this month.

Throughout their visit, the Pakistan cricket team will play three One Day Internationals (ODIs) and five Twenty20 Internationals (T20Is) in an exciting series.

The T20I series, which starts at Hagley Oval in Christchurch on March 16, will serve as the tour’s opening event.

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