The Pakistan Citizenship Act

Married men not with standing anything to the contrary contained in this Act, a man, who is not citizen of Pakistan and, who is married to a woman who is citizen of Pakistan, shall be entitled for registration as citizen of Pakistan, on making application in the prescribed manner to the Federal Government, by virtue of his marriage with a Pakistani woman Provided that a man, who is not citizen of Pakistan and, who has entered into a sham marriage with a Pakistani woman shall not be entitled for registration as citizen of Pakistan under this Act. under this section shall fulfil the conditions that he has resided in Pakistan throughout the period of twelve months immediately preceding the date of the application, and has, during the ten year immediately preceding the said period of twelve months, resided in Pakistan for a period amounting in the aggregate to not less than seven years  at least five years have passed since the man married Pakistani woman and the marriage has not been dissolved or vanished the woman has not relinquished her Pakistani citizenship in favour of her husband’s citizenship or citizenship of any other country he is of good character having no criminal record and, has not been convicted by a court of competent jurisdiction for any offence involving moral turpitude and, has not acted in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan; and he is not citizen of any State of which a citizen of Pakistan is prevented by or under any law from becoming a citizen of that State Provided that a man shall not be entitled for registration as citizen of Pakistan under this section if he possessed such immunity from suit and legal process as is accorded to an envoy of an external sovereign power accredited in Pakistan Provided further that the Federal Government may register such man as citizen of Pakistan if he has quitted his duties as envoy of external sovereign and a period of three years has passed over 

STATEMENT OF OBJECTS AND REASONS: Right to marriage is fundamental right of every adult citizen of Pakistan. Every person of adult age and of sound mind can choose to marry with a person not prohibited by the law of the land or his personal law. The Constitution of the Islamic Republic of Pakistan in its Article 25 has guaranteed the equality of citizens and equal protection without any discrimination on the basis of sex. Article 35 of the Constitution requires from the State to ensure protection of marriage, family, mother and child. Islam has given the right to Muslim men and women to marry each other within the boundaries of Shariah anywhere in the world. Different International Instruments to which Pakistan is a party require; the abolition of gender biased laws, protection of family and right to adoption of nationality. The Pakistan Citizenship Act, 1951 contains provisions repugnant to theConstitution, injunctions of Islam and against the International law and international commitments Pakistan has made under different instruments. This Act does not grant right of citizenship to those men who married Pakistani women and intend to live in Pakistan as citizens of this country. Due to this discriminatory nature of the Act, women or children having husband or father with foreign nationality cannot be protected in accordance with the spirit of Article 35 of the Constitution. Through this amendment, the right to acquire citizenship by virtue of marriage will be extended to foreign nationals who have married Pakistani women.