July 1, 2025
By Rehan Piracha
LAHORE
After five years of consultations and deliberations, the Khyber Pakhtunkhwa (KP) Law Ministry has approved the draft of Pakistan’s first indigenous Kalash Marriage Bill, a landmark move aimed at preserving the cultural heritage of the Kalash minority community residing in Chitral.
Speaking to Voicepk, Wazir Zada, a representative of the Kalash community and former member of the KP Assembly, said the bill has successfully cleared the vetting process by the provincial law department. It is now set to be presented to the cabinet before being tabled in the KP Provincial Assembly.
“This historic legislation seeks to protect and formalize the unique marital customs of the Kalash people, ensuring their traditions are legally recognized while promoting their cultural rights,” he said.
Kalash marriages have traditionally been conducted under their own religious laws, customs, and rituals, without any formal state-recognised registration process. Disputes relating to marriage, divorce, or inheritance are usually resolved through local tribal councils or Jirgas. However, when Jirga decisions are contested, they often lead to prolonged and unresolved conflicts.
Wazir Zada pointed out that no personal law currently exists for the approximately 5,000-strong Kalash community in KP.
“The provincial government announced plans for a Kalash marriage law in 2020. The first draft was prepared in 2022 following extensive consultations with members of the Kalash community,” he said. “Currently, NADRA issues marriage certificates to Kalash couples based on documents issued by tribal councils. However, there is no legal framework to govern the marriages and divorces of the Kalash community,” he told Voicepk.
According to a copy of the draft shared by Wazir Zada, the Kalash Marriage Bill aims to formally recognise, register, and regulate the community’s centuries-old marital traditions, which have previously lacked any legal protection under Pakistani law.
Recognition of three types of marriage
The draft bill acknowledges three culturally distinct forms of marriage within the Kalash community.
Arranged Marriage: A traditional union with the consent of both families, involving rituals such as Khaltabari and Marrat.
Love Marriage (Alashing Marriage): A Kalash girl chooses her partner independently, without parental consent. The marriage becomes valid once her parents or close relatives confirm her willingness and happiness within seven days.
Elopement (Shisha-Istongas): Couples who elope and complete the Marrat ceremony are recognised as legally married under customary law.
This categorisation respects traditional Kalash practices while providing a legal framework for registration and protection.
Minimum age of marriage set at 18
The bill sets the legal age for marriage at 18 for both men and women. This provision aligns with national and international child protection standards, helping to prevent early and forced marriages within the community.
Marriage registration process
To ensure legal recognition, the bill details a formal registration procedure of Kalsh marriages. Local governments will appoint marriage registrars from within the Kalash community. Registrars must be literate, at least 25 years old, and knowledgeable about Kalash customs.
Marriages will be recorded in an official Marriage Register, with four copies retained—one for each party, one for the registrar’s office, and one for the respective Village or Neighbourhood Council. The records will be publicly accessible upon request, and certified copies may be used as legal proof in courts or administrative proceedings.
This process provides legal legitimacy to Kalash marriages, which have historically gone undocumented in official records.
Procedures for divorce and alimony
The bill incorporates traditional Kalash concepts into its divorce and alimony provisions.
Ja Hutik: Divorce initiated by the husband. The wife retains all dowry and gifts, and the husband is not entitled to any compensation.
Ja Parik: Separation initiated by the wife. Her family must reimburse the marriage expenses incurred by the husband’s side (after deducting any gifts given). If she remarries, the new husband must pay double the original marriage cost to the first husband’s family.
Courts or arbitration councils may also grant divorce on grounds such as cruelty, desertion, conversion from the Kalash faith, or mental illness. Women may also seek divorce if neglected for over two years or if the husband ceases all contact. Upon divorce, a certificate is issued by the Village or Neighbourhood Council.
Punishments for violations
To ensure compliance, the bill sets out penalties for breaches of the Kalash marriage law.
Violations of marriage conditions—such as underage unions or marrying within prohibited blood relations—are punishable with three to six months’ imprisonment and/or a fine of up to Rs. 50,000. Failure to register a marriage or submission of false information carries penalties of up to six months in jail or fines ranging from Rs. 1,000 to Rs. 100,000. All offences under the bill are non-cognizable and non-compoundable, and can only be tried by a Magistrate First Class on a written complaint by either party to the marriage.
The Kalash Marriage Bill 2024 is a groundbreaking step in integrating indigenous customs within Pakistan’s legal system. It offers legal protection without compromising cultural identity, particularly enhancing the rights and protections for Kalash women and children. By codifying marriage, divorce, dowry, and penalties, the bill sets a powerful precedent for respecting and safeguarding the rights of minority communities across the country.