PESHAWAR: A writ petition seeking the implementation of the newly revised Nikah Nama, with a particular focus on the mandatory pre-marital blood test in Nikah Nama, was brought before the Peshawar High Court (PHC).
A two-member bench, comprising Justice Ijaz Khan and Justice Mudassir Ameer, heard arguments from petitioners advocating for the inclusion of medical screening as a legal requirement for marriage.
The case, titled “Nida Gul Ghilzai & Others vs. Government of Khyber Pakhtunkhwa & Others,” was filed by social activist Nida Gul Ghilzai and others, demanding that the government enforce the updated Nikah Nama across the province. The petitioners stressed the necessity of a mandatory pre-marital blood test in Nikah Nama for both the bride and groom to curb the spread of genetic and infectious diseases, including Thalassemia, Hepatitis C, and HIV.
A fight for public health in marriage laws
During the proceedings, Nasir Ghilzai Advocate, a prominent lawyer and Secretary-General of the Association of International Lawyers for Pakistan, argued that Pakistan faces an alarming public health crisis due to a lack of pre-marital screenings.
He presented stark statistics to support the petitioners’ case, emphasizing that 6 to 7 percent of the population carries the Thalassemia gene (Thalassemia Minor).”The number of patients suffering from Thalassemia Major, who require lifelong blood transfusions, is estimated between 50,000 and 100,000,” Ghilzai told the court. “A major reason for this is cousin marriages, which significantly increase the risk of inherited disorders.
“The petitioners argued that the mandatory pre-marital blood test in Nikah Nama should be a legal requirement, allowing couples to make informed decisions before marriage. They emphasized that early screening could prevent devastating health complications in future generations.
Government seeks time
The Additional Advocate General, representing the Government of Khyber Pakhtunkhwa, requested two more months to fully implement the pre-marital blood test in Nikah Nama as per the revised Nikah Nama, stating that the administration was already working on the process but needed more time for proper enforcement. In response, Nasir Ghilzai Advocate accepted the government’s assurance and did not object to the request, reiterating that the petition was in the public interest and aimed at protecting fundamental rights.
The government committed to ensuring that within two months, the updated Nikah Nama—with the mandatory pre-marital blood test in Nikah Nama—would be fully distributed to all Union Councils, Village Councils, and Nikah Registrars. Officials also confirmed that the previous version of the Nikah Nama would be phased out, making medical screening a required step before marriage in Khyber Pakhtunkhwa.
The case has the potential to set a precedent for nationwide reforms, as Pakistan continues to battle genetic disorders and infectious diseases that remain unchecked due to a lack of pre-marital health regulations.
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