The right side of the law

We present below the entire text of the declaration adopted at the workshop on Family Laws in Lahore, on August 4 and 5, 1995.

Courtesy " Justice for women" Edited by Indira Jaising

Declaration of the Workshop on Family Laws and Human Rights of Women, Lahore.

Preamble

Recalling that the constitutions of Bangladesh, India and Pakistan guarantee all citizens equality before the law;

Noting that such equality is denied to women and children in the sphere of Family Laws and which is of crucial significance to them; and

Realising that Family Laws of religious minorities have remained even more stagnant and often bear the risk of being influenced by the norms of the religious majority.

The participants of the two-day Workshop on Family Laws and Human Rights of Women in Bangladesh, India and Pakistan organised by AGHS Legal Aid Cell Lahore, call upon concerned persons, social action groups, political parties, legislators and the governments of these countries to campaign for and initiate reforms in the Family Laws in order to make them just and guarantee equal rights to all women and children.

Marriage, separation and Divorce

Both women and men shall be entitled to a free choice in marriage.

All women and men shall have equal rights in all matters relating to marriage, divorce, guardianship, maintenance and custody of children.

Marriages and divorces shall be properly registered and easy access to records be provided.

Child marriage shall be abolished. The minimum age of marriage for both women and men shall be eighteen years.

All Polygamous marriages shall be banned and made punishable. Such marriages shall be null and void and the injured party be adequately compensated.

Provisions pertaining to restitution of conjugal rights shall be deleted.

A Civil Law shall be enacted to provide for inter-faith marriages and their registration.

Women and men rshall have equal rights under citizenship laws and domiciliary regulations.

Spouses shall be entitled to judicial separation by mutual consent.

Distribution of movable and immovable assets and income upon divorce or dissolution of marriage shall be based on principles of justice and equity.

Matrimonial courts shall be established to deal exclusively with all disputes under Family Laws (including inheritance and return of personal belongings to the spouses). These courts shall have jurisdiction in respect of family matters of all religious communities. Court fee should be minimal.

The matrimonial courts shall have adequate representation of judges from religious minorities and women.

Execution of decrees passed by the matrimonial courts shall be made more effective and efficient.

Laws shall be enacted to allow for transfer of cases from one jurisdiction to another in family matters.

Women and men shall have statutory rights of free access to information about their rights through all avenues, including legal aid, the media and through curriculum in formal and informal educational centres.

Yes. The law is on our side. Most of the time. That should give us the strength to deal with petty problems with more tolerance. A way out is often to let air in and give a feeling of space. Not to just get up and run out at the first sign of trouble.