Child marriage in Pakistan

Child marriage is practiced in some parts of Pakistan, with the highest prevalence in the Sindh province. It disproportionately affects the girl child. According to UNICEF report from 2018, around 18% of the girls in Pakistan are married before the age of 18. Child marriage occurs most often in rural and the primary driving factor is poverty among the low-income households where education is minimal.

Quotes

• Yet, scholarly examination of the law regarding cases of child marriage an show that child marriages are not rendered invalid under the provisions of the Act and merely subjects adult parties to the penalties stipulated.’! Despite contravening the CMRA, the continuing validity of a child marriage in Pakistan stems from the constitutionally enshrined primacy of sharia; because Hanafi legal doctrine permits the marriage of minors by guardians, child marriage remains valid in the State. However, according to the provisions of the Dissolution of Muslim Marriages Act, a female minor who is married without consent before the age of sixteen may apply for repudiation of the marriage before turning eighteen, provided the marriage remains unconsummated.®? Unfortunately, this
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• Pakistan's Child Marriage Restraint Act 1929 sets the legitimate time of marriage for boys to 18 and 16 for girls. With this enactment, children’s marriage in Pakistan diminished altogether contrasted with the past, however the rate is still high. In 2013, the CEDAW Committee stated concerns about the continuation of child ‘marriage and the minimum age of marriage of girls in Pakistan (Brides, 2018). At the local level in 2014, the Sindh Assembly consistently accepted the Law on the Restriction of the Sindh Child Marriage, carrying the ‘minimum age for marriage at 18 years old therefore making child marriage a punishable crime (Sindhlaws, 2014). Despite this, the practice continues with reports of girls being married very young (Zia-ur-Rahman, 2014). In February 2017 UNFPA supported the Punjab Government in the preparation of a comprehensive Punjab Child Marriage Limitation Act (1929) in which NGO and local citizens took part (UNFPA, 2017; 2018). The Penal Code ‘was amended so that there are severe penalties for those participating in child marriage (ibid).
  Raising the age of marriage from 16 to 18 (initiated by Senator Shear Kamran, the Senator for Child Marriage Act) could not be changed and encountered religious obstacles. Although the Senate and standing committee accepted it (Brides, 2018), the Islamic Ideology Council, which provides Islamic legal consultancy to the Pakistani Government said marriage can happen at any age (ibid) but man and wife living together (known as Rukhsati in Pakistan) can only happen after the age of 18 (ibid). Thus, the Islamic Ideology Council stated Pakistan's laws prohibiting child marriage were not Islamic which led to criticism (Memri, 2014). Under the Universal Periodic Review, Pakistan has again adopted a review of the minimum age of marriage for men and women (HRW, 2017; Human Rights Commission, 2014) but no change has occurred. Pakistani courts often apply Sharia (Islamic law) which allow marriage once a girl reaches puberty (ibid).
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• "The Sindh government rightly claims credit of becoming the country's first elected assembly to have passed a bill on child marriage in April 2014, which places a ban on marriage of children under 18 years of age and makes its violation punishable with rigorous imprisonment of up to three years, but sadly the law is still poorly implemented," said SHRC Chairperson Justice (retd) Majida Razvi. NCRC acting chairperson Jawadullah Khan said that his organisation was making efforts to reform laws in all provinces and suggested strong coordination between stakeholders, including police and government authorities, to deal with the issue. "The issues of minors' marriages, child trafficking, and street children are rampant. There is a dire need to develop a database and devise a mechanism for coordination before taking action," he added. Child rights expert Sarah Zaman discussed the operational gaps and challenges in the implementation and added that there are lacunas in the act, but its legitimacy is still there. "Pakistan is in trauma due to the flood disaster, but on the other hand we face several cases of trafficking, rape, and child marriages," she said, adding that poverty is not the main reason for child marriages, other socio-political issues also need to be kept in mind while proposing amendments. UNICEF child protection officer Mahvish Maria remarked that child marriage is a human rights violation. Despite laws against it, this harmful practice remains widespread. While referring to the findings of the Pakistan Demographic and Health Survey 2017-18, she said that child marriage prevalence in the country is 18%. She added that child marriages increase during humanitarian emergencies. "Historically, women and girls are disproportionately affected during emergencies and it's mandatory to sensitise communities for birth and marriage registration," she said and recommended that the existing laws should be implemented and further strengthened along with strengthening the government system to prevent and respond to this issue.
  • Law fails to thwart child marriage Tribune