Introduction:
Deeply rooted in tradition, culture and customary practice, child marriage remains a wider spread practice across Pakistan yet it is a serious violation of Minors’ human rights.
Child marriage robs girls and boys from their childhood and future prospectus. Girls especially who are married early, are less likely to finish school and are at higher risk of domestic violence, abuse and health issues. Girls aged 15-19 have the highest reported cases in a couple of years for domestic violence.
Child marriage also subject girls to at-risk pregnancies, fistula, sexually transmitted infections or even death. The Teen girls are also more likely to die from compilation during child birth.
INTERPRETATION OF LAW
Pakistan’s child Marriage restrain Act 1929 sets the legal age of marriage. This “Child Marriage Restraint Act 1929” came into force on 1st day of April 1930 and specified the age of marriage
for Boys which is 18 (Eighteen Years) and for Girls’ which is 16 (Sixteen Years). It also described the Punishment in violation of this Act and the child marriage.
In 2014, the Sindh Assembly unanimously adopted the Sindh Child Marriage Restraint Act, which rose the legal minimum age of marriage for boys and girls to be 18 (Eighteen Years). It further clarifies that
the violation of said Act is a Punishable offence. A man above 18 years, who binds himself in a matrimonial contract with underage girls could now be imprisoned for three years (03 years). Men who solemnized an underage marriage can also be locked up for two to three years. Even the parents or guardian who authorized the marriage can be prosecuted for failing to prevent it.
Sindh Child Marriage Restraint Act, 2013-14, it shall come into force at once. The section 02 (a) (b) of the said act clarified the age of marriage which reproduces as under:-
(2) Definition
(a) “Child” means a person male or female who is under eighteen years of age.
(b) “Child Marriage” means a marriage to which either of the contracting party is child.
PUNISHMENTS FOR VIOLATION
Sindh child marriage restrain Act 2013-14 described the punishment of Male contracting child marriage in section 03 of the Said Act, which reproduce as under:-
(3) Punishment for male contracting party.
Whoever, being a male above eighteen years of age, contracts a child marriage shall be punished with rigorous imprisonment which may extend to three years but shall not be less than two years and shall be liable to fine.
(4) Punishment for solemnizing a child marriage.
Whoever performs, conducts, directs, brings about or in any way facilitates any child marriage shall be punished with rigorous imprisonment which may extend to three years but shall not be less than two years and shall also be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.
(5) Punishment for parent/guardian concerned in child marriage.
(1) Where a parent or guardian or any other person in any capacity, lawful or unlawful, does any act to promote the child marriage or permits it to be solemnized, or fails to prevent it negligently, from being solemnized, shall be punished with rigorous imprisonment which
may extend to three years but shall not be less than two years and shall also be liable to fine.
(2) For the purposes of this section, it shall be presumed, until contrary is proved, that where a child has been contracted into a marriage, a person having charge of such child failed to prevent the marriage from being solemnized.
Reference from:-
Pakistan Child Marriage Restraint Act 1929
Sindh Child Marriage Restrain Act 2013-14
Written by
Adnan Yaseen
Contributor
