The Supreme Court has directed union councils and National Database and Registration Authority (NADRA) to register Christian marriages and issue computerised marriage certificates, respectively, in accordance with law. A three-judge bench, headed by Chief Justice Mian Saqib Nisar, on Wednesday announced it's reserved verdict related to non-registration of Christian marriages.
The LG&CD Department and the HR&MA Department of the government of Punjab are directed to promulgate the necessary rules, etc, and make the necessary amendments in the by-laws, notifications, letters, etc, to reflect the legal position outlined in this opinion.
Shahid P Meraj, Dean of the Cathedral Church of the Resurrection, Lahore, had filed the petition that the union councils in Punjab and NADRA are not registering the Christian marriages. He said that clarification and resolution of the matter was sought from the relevant authorities numerous times and a list of clergy authorised to solemnise marriages was submitted to the director general of the Local Government Punjab who, despite assuring to resolve the matter, did not take any practical steps to redress the grievance.
Bishop of Lahore had submitted that as per Sections 28, 29, 30 and 37 of the Christian Marriages Act, 1872 (Act) various persons are authorised to register marriages in the registers maintained by them; once each marriage register is complete, the said individuals send copies of the details of the marriages so registered to the Registrar General of Births, Deaths, and Marriages from time to time, according to Section 34 of the Act.
He stated that this process continued for many years without any problems, however, when union councils were established under the respective local government laws of the provinces, the registration of births, deaths and marriages is now to be done by union councils. According to him, in practice, union councils register Christian births and deaths but not Christian marriages.
The stance of representative of the union councils was that such lapse was due to the fact that they (union councils) have not received any direction or authorisation from the local government to do so.
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