The need for child marriage legislation

Author: Akhtar Hussain Syed

The fate of millions of Pakistani children is now in the hands of lawmakers. The Child Marriage Restraint (Amendment) Bill, 2018, has been presented in the National Assembly. Three ministers have opposed it, citing religious grounds and called it a foreign agenda.

Several Muslim majority countries including the United Arab Emirates, Turkey, Egypt and Bangladesh have banned marriages under the age of 18. Al-Azhar University in Egypt has issued a declaration against child marriages. In Indonesia, some women scholars have urged the government to raise the legal age for marriage to 18.

Ensuring the welfare of children and protecting them from harm is something Pakistan has committed itself to on many international forums. The Senate of Pakistan has already passed the bill. In 2014, the provincial assembly of Sindh had adopted the Sindh Child Marriage Restraint Act, 2013, setting a minimum age of 18 for marriage.

Child marriage is a global issue. Nearly 12 million girls are married every year before reaching the age of 18. This comes to 23 girls every minute. Over the past decade, 58 million young women in developing countries have been married before the age of 18. Child Marriage is particularly widespread in South Asia where nearly 48 per cent of young women are married before the age of 18. In Pakistan, the 6th largest country in the world by population, 21 per cent of girls are married before the age of 18 and 3 per cent before the age of 15.

Several Muslim majority countries including the United Arab Emirates, Turkey, Egypt and Bangladesh have banned marriages under the age of 18. Al-Azhar University in Egypt has issued a declaration against child marriages. In Indonesia, some women scholars have urged the government to raise the legal age for marriage to 18

Underage marriages are an obstacle to continuing education. According to a recent report, “dropping out of school early is both a cause and consequence of child marriage. Every year of additional secondary education reduces the risk of child marriage by 3.4 per cent in Pakistan”.

Early marriages are a leading cause of violence against girls, ill health and gender inequality. Girls married before 18, face a greater risk of serious complications during pregnancy and childbirth. Children of child brides are 60 per cent more likely to die in the first year of life than those born to mothers older than 19. Child brides are neither physically nor emotionally ready to become wives or mothers.

Early marriage poses numerous challenges for the couple as they lack parenting skills. Childcare and development is a huge responsibility and underage parents face difficulties in bringing up their children on account of inadequate knowledge. Being married before 18 deprives them of their youth. They cannot learn and experiment with life. Young husbands have to work to meet the basic needs of the family and young wives have to take care of the house.

Early marriage is one of the reasons behind poverty. Raising a family requires sufficient income. A husband needs to have adequate finances for his family. Young couples face financial difficulties because they do not get good job opportunities as thy lack education.

Considering the ill effects of child marriage, Pakistan has made commitments on various international forums to end the practice. Pakistan has ratified the Convention on the Rights of the Child in 1990, which sets a minimum age of marriage at 18. During its 2018 Universal Periodic Review, Pakistan agreed to examine recommendations to make the minimum age of marriage for women and men 18.

Pakistan is also a member of the South Asian Initiative to End Violence Against Children, which requires that all states “raise the legal age of marriage for both boys and girls to 18 and implement Article 4(3)(d) of the SAARC Convention on Regional Arrangements for the promotion of child welfare in South Asia”. The states have adopted a regional action plan to end child marriage.

Pakistan has also ratified The Convention on the Elimination of All Forms of Discrimination Against Women in 1996. Article 16(2) of the CEDAW prohibits the betrothal and marriage of children, or other forced marriages. Pakistan has also made a commitment to eliminate child marriage, early marriage and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals. Furthermore, Pakistan National Education Policy 2017-2025, focuses on eliminating gender disparity in education and encourages education of girls.

It is estimated that ending child marriage in Pakistan could lead to a $ 6,229 million gain in earnings and productivity. The countries that undervalue the participation of girls in development process are limiting their potential for growth and development. Ending child marriages is essential to improve the state of education, reduce violence against girls and decrease burden of illness and poverty. Lawmakers should look at the matter keeping in mind disadvantages of child marriage and appreciate the opportunity to provide an enabling environment for children.

The writer is a development professional based in Islamabad

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