The Abominable Practice of Child Marriages 

Naeem Ahmad

Faisalabad: Children, the vanguards of a nation’s future, face dire circumstances in Pakistan. Instances of domestic abuse, child labor, and various forms of violence and exploitation are prevalent.

Among these challenges, one of the most disheartening is the practice of child marriage, where young girls are married off at an early age or before reaching puberty.

This abominable practice adversely affects the victims development, placing their physical and mental health in peril, depriving them of educational opportunities and economic independence, and thus restricting their ability and capacity to play a fuller role in society.

Girls forced into early marriages are at a heightened risk of experiencing domestic violence, early pregnancies, and malnutrition, contributing to Pakistan’s alarming infant mortality rates.

The existing federal law governing child marriage is archaic, dating back to the Child Marriage Restraint Act of 1929.

Originally, this Act set the minimum marriage age at 14 during the British colonial era.

Subsequently, amendments raised the minimum age to 16 under the Muslim Family Laws Ordinance of 1961.

However, with the devolution of powers following the 18th Amendment in 2010, the regulation of child marriage became a provincial matter.

Consequently, varying laws across provinces pose a significant challenge to addressing this national issue.

Notably, Sindh stands as the sole province to have outlawed marriages under the age of 18.

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However, the most reported child marriages occur in Sindh, often transpiring near Punjab’s borders to circumvent the legal prohibition on marriages before 18.

Compounding this, the Punjab Marriage Restraint Act 2015 still permits girls to marry at 16, while Khyber-Pakhtunkhwa, Balochistan, and Islamabad (the capital) adhere to the outdated Child Marriage Restraint Act of 1929.

Despite legal limitations, certain individuals within society have taken admirable steps at a personal level to protect the younger generation from this egregious practice.

Muhammad Mushtaq, a resident of Faisalabad’s Chak 236 R.B., intervened to prevent the forced marriage of his 12-year-old niece, Sana Rafiq, by alerting the authorities on January 11, 2024.

Similarly, Jamal Haider of Mohalla Ahmedabad, Faisalabad, thwarted the forced marriage and conversion of a 13-year-old Christian girl in June 2020, exemplifying solidarity across religious lines in defense of children’s rights.

According to a UNICEF report released in March 2022, 4.6 million women in Pakistan are married before age 15, and 8.9 million before age 18.

While data shows a declining trend from 1993 to 2018, Pakistan remains one of the countries with alarmingly high rates of child marriage.

To address this issue, UNICEF Pakistan has introduced the concept of “positive masculinity,” aimed at engaging men and boys, including religious leaders, in efforts to prevent child marriage.

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Additionally, initiatives promoting birth registration seek to provide legal documentation of children’s ages, aiding in the prevention of underage marriages.

On a legislative front, the National Commission on the Status of Women (NCSW) has drafted amendments to the Child Marriage Restraint Act, 1929.

These amendments propose defining individuals below 18 as children, mandating marriage registration with computerized national identity cards, and enhancing penalties for child marriage.

Furthermore, concerted efforts to amend provincial laws are crucial to combating child marriages comprehensively.

Nilofar Bakhtiar, Chairperson of NCSW, underscores the constitutional imperative of gender equality and the need to protect children from sexual exploitation under the guise of marriage.

She asserts that the constitution unequivocally prohibits discrimination based on gender.

She emphasizes that the proposed bill aims to uphold constitutional rights and safeguard children from sexual abuse and exploitation under the guise of marriage.

Bakhtiar contends that these measures are imperative for fostering economic and social development, as safeguarding the rights of children and women is indispensable to achieving progress.

In conclusion, the collective implementation of legal reforms and societal initiatives holds the key to eradicating the scourge of child marriage.

The future prosperity of our nation hinges upon safeguarding the fundamental rights of our children, necessitating concerted action at both federal and provincial levels.