Daily Times

Knowledge of laws is sine qua non for their implementation. If the authorities concerned are not aware of laws, books of laws will be the decoration of book shelves and the laws would not be beneficial for the people for whom they are enacted. In Sindh, the same situation, like many other laws, is of anti-child marriage laws.

Although anti-child marriage laws have been in existence since long yet because of the lack of awareness and implementation of the laws, the practice of child marriages has been most pervasive in the province.

Under section-5 of the Muslim Family Laws Ordinance 1961, the local bodies are given authority to issue license to Nikah Registrars to solemnize marriages. The bodies have to make sure that a person, who applies for the license, is well informed about the marriage laws. The bodies should rescind the license of the Nikah Registrar, who violates conditions of the laws in solemnizing weddings.

According to the Sindh Child Marriage Restraints Act 2013, any person, Nikah Registrar, must ensure that the bride and the groom are of the 18 years or above. He shall provide the signed nikah-nama, marriage contract, and an attested copy of a valid CNIC of both contracting parties attached with it. If a CNIC of either party to the marriage is not available, the parties may attach a medical certificate verifying the age of the parties.

As Nikah Registrar has to submit marriage contract in the office of secretary union council concerned, therefore, after receiving marriage contract, the fundamental duty of the official is to check whether Nikah Registrar has completed all the procedural formalities. Negligence on the part of Nikah Registrar in satisfying all the prescribed formalities should be deemed violation of the child marriage laws. Unfortunately, in many of the districts of Sindh, all these duties and responsibilities are not undertaken to prevent child marriages as most of these officials are not acquainted with the anti-child marriage laws.

The Sindh Child Marriage Restraints Rules 2016’s section-3(4) states that any person or institution providing a medical certificate verifying the age of a person shall sign and provide an affidavit stating that he is satisfied with the age of the person he has examined himself. The affidavit shall be attached with nikah-nama. Regrettably, many of the medical officers are ignorant of it. They do not know that they have to issue the certificate and append the affidavit.

Under section 35 and 36 of the Sindh Child Marriage Restraints Rules 2016, the provincial Women Development Department has to constitute District Monitoring Committees and to hold regular meetings of the committees to discuss the problem of marriages of minor children; find the reasons of such marriages and suggest solutions for the prevention of the marriages. But the department does not seem serious in this aspect of the matter as in many of the districts of the province it has neither formed the committees nor has held its meetings so far.

A few years back, the Sindh High Court (SHC) had instructed the Sindh government to build “Safe Houses” with complete facilities in all the districts of the province. The purpose of building the places was to ensure safe shelter to aggrieved women and girls who have been made victim of sexual and domestic violence, child marriages, honour killings, and family disputes etc. They are to be provided with a conductive environment till the problem of their safe custody is solved. The houses have yet not been constructed in many of the districts. In some districts, buildings have been spared for these Houses but they do not serve the purpose as they lack the needed facilities.

As Nikah Registrar has to submit marriage contract in the office of secretary union council concerned, therefore, after receiving marriage contract, the fundamental duty of the official is to check whether Nikah Registrar has completed all the procedural formalities

The provincial social welfare department is expected to hold seminars and workshops to inform people about the anti-child marriage laws. But the gloomy situation prevails in the department to such an extent that many of its district officers themselves are not acquainted with the laws. Thus, they have never been in any activity to control marriages of young children below the age 18 in their respective districts.

In the last December, a similar situation was observed in the court of Civil Judge and Judicial Magistrate in a district of Sindh while the court was hearing the case of the marriage of a 12 year-old minor girl with a 22 year-old man. The authorities related to child marriage laws were ignorant of the duties and responsibilities the laws have conferred upon them.

In 2019, the World Health Organisation presented a report that, globally, every year 12 million girls are married before reaching the age of 18 years and around 21 percent of them are Pakistani girls. Among all the four provinces, Sindh, with 72 percent girls and 25 percent boys, stands first in child marriages.

In reality, this is a disheartening situation. Initiatives should be taken to educate people and organisations about Act 2013 and Rules 2016 so the purpose of their enactment can be achieved effectively.

The writer is an academic, and can be reached on Twitter @ARShykh