Daily Times

Marriage is a union that requires full, free and informed consent of both, the groom and bride. It takes various forms, such as monogamy, polygamy and has numerous cultural aspects attached to it, for example dowry, dower, bridewealth, etc. Unfortunately, significant extents of human rights violations have been and continue to be committed under the cloak of marriage, which is supposed to be a happy day and an important milestone in an adult human being’s life.

Forced marriages take place all around the world to differing extents. One form of such a marriage is ‘bride kidnapping’. As the name suggests, this offence takes place when a bride is kidnapped by the groom, his family/ friends and forced to enter into a marriage with her abductor.

In Pakistan, there have been cases where girls and women were kidnapped, forced to convert their religion and enter into a marriage with their abductor. The females are forced through assault, battery, emotional and psychological torture, manipulation, blackmail, etc. Nevertheless, the violation of fundamental rights does not end there, it only begins. The females continue to suffer domestic violence, rape, reproductive coercion and are forced to engage in domestic servitude throughout the ‘marriage’. The violence is also extended to the loved ones of the victims which leaves them with no choice but to act in accordance with the demands of their perpetrators.

The Sindh Child Marriage Restraint Act 2013 is progressive as it prohibits the marriage of children below the age of 18 and stipulates the penalties for the crime

According to the Aurat Foundation and the Movement for Solidarity and Peace (MSP), in Pakistan, every year 1,000 women and girls belonging to the religious minorities (mostly the Hindu and Christian faith) are abducted, coerced to convert their religion and then married off to their abductors. Throughout the year, many cases are reported where females from religious minorities suffer such atrocious crimes. Nevertheless, the crime goes undetected in the country due to the fact that the media reports on individual cases and the issue is not raised in a wider context. There are reports every now and then but the cases remain isolated from one another and do not garner any public condemnation. The following cases illustrate the alarming and sorrowful situation:

In 2012, Rinkal Kumari was allegedly kidnapped from Mirpur Mathelo city, forced to convert and marry Naveed Shah.

In 2013, Meena Meghwar was allegedly kidnapped from Kunri city, forced to convert and marry Riaz Kappri.

In 2014, Mariam Meghwar was allegedly kidnapped, forced to convert and marry Asif Lund.

In 2015, 15 years old Ramila Meghwar was allegedly kidnapped and forced to marry an 80 year old man.

In 2016, Perma Bheel was allegedly abducted, forced to convert and marry Hayat Hingorjo.

In 2017, Ravita Meghwar was allegedly abducted, forcibly converted and married off to 36 year old Syed Nawaz Ali Shah. In 2018, Monika Kishore an 11 year old student at Government Primary School, Hala, District Matiari, Sindh was allegedly abducted, raped, forcefully converted and married off to her abductor.

In 2019, 14-year-old Huma Younas was allegedly abducted, forced to convert and marry her abductor.

In 2020, Myra Shahbaz was allegedly abducted by a group of men led by Muhammad Naqsh and then forcibly converted and married off.

Do these females have any legal recourse? Yes and No. When it comes to forced conversions, the Provincial Assembly of Sindh unanimously passed the Protection of Minorities Bill but it was returned by the then Governor of Sindh, Mr. Saeed-uz-Zaman Siddiqui without being ratified into law as he succumbed to pressure from intolerant individuals. A further attempt to revive the Bill also failed.

However, the Sindh Child Marriage Restraint Act 2013 is progressive as it prohibits the marriage of children below the age of 18 and stipulates the penalties for the crime. In 2018, a judicial magistrate in Mithi handed a two year prison sentence to four people for forcing a 14 year old Hindu girl to marry a 55 year old man along with a fine of 5,000 each under the aforementioned Act.

Furthermore, the Protection of Women (Criminal Laws Amendment) Act of 2006 inserted section 365B in the Pakistan Penal Code of 1860 which stipulates that, ” Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will , or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also be liable to fine…”

The 2006 Act also amended the offence of rape, according to section 375, ”A man is said to commit rape who has sexual intercourse with a woman (i) against her will; (ii) without her consent;(iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt;(iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or (v) with or without her consent when she is under sixteen years of age.”

Rape is punishable with death or imprisonment of either description for a term which shall not be less than ten years or more than twenty-five years and to a fine, according to section 376.

Above all, according to Article 25 of the Constitution, all citizens are equal before the law and are entitled to equal protection of law. The Article does not allow discrimination on the basis of sex.

Relevant international law also applies. According to Article 16 (2) of the Universal Declaration of Human Rights, ”Marriage shall be entered into only with the free and full consent of the intending spouses”. It is pertinent to mention that Pakistan voted in favour of the UDHR.

Furthermore, Pakistan ratified Convention on the Elimination of All Forms of Discrimination against Women. Article 16 states that member States shall , ”… eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage;(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent…”

Protection against child marriage is not expressly granted to children under the Convention on the Rights of the Child (ratified by Pakistan). Nevertheless, Article 35 grants children, ”The right to protection from abduction”.

Therefore, Pakistan is obligated to protect females under international law. However, the situation is extremely complex. According to USCIRF, ”Local police, particularly in Punjab province, are often accused of being complicit in forced marriage and conversion cases by failing to properly investigate them or by believing the male and his family over the female and her family.” These problems need to be fixed so that the females have equal access to justice.

Reforms need to be introduced in the policing system. An especially trained task force (which must include equal proportion of women officers) must be established to ensure that the voices of the victims of bride kidnappings are heard and the crime is properly investigated. The investigations must be initiated by the task force immediately to avoid any form of mind control that could coerce the victim to act subserviently and in conformity with the demands of the perpetrator/s. Further, the investigations must be carried out in a fair and impartial manner.

As soon as the crime is reported by the family members of the victim, the females must be reunified with their families (or given residence in Women Protection Centres) in order to ensure that they are not put under duress by their captors while giving any statements to the police and/or courts. As per GHRD, ”The Violence Against Women Centre (VAWC) opened in Punjab in 2017, dealing with protection to women against violent crimes, particularly domestic abuse, rape and sexual assaults. VAWC had a police station, doctor’s office, courthouse and counselling, operates 24 hours a day with a staff of 60 women, including an all-female police force and yet the new government of Punjab has not allocated the VAWC any funds, which forced the centre to close at the end of 2018.” This cannot be allowed to be repeated. There must be Women Protection Centres in every city and village and the government should ensure that they are properly funded so that females are adequately protected. There must be specially trained staff that treat the victims with care and empathy and understand the psychological issues that arise in the victims as a result of their sufferings. There should be a strict policy against victim shaming at the centres.

The victims must be provided with (cost-free) legal services so that they can easily initiate legal action/s against their perpetrators. Additionally, the right to divorce must be provided to the victims. The victims must not be forced to return to their ‘husbands’. Further, the survivors of the crime must be given the option of residing with Women Protection Centres if they do not wish to return back to their families either. They should be given the opportunity to stand on their own two feet through provision of education or a skill through which they can establish a new life for themselves and relocate if they wish to do so.

It must not be forgotten that many cases are neither reported nor reach the courts of law due to, inter alia, weaknesses in the policing system, societal pressures and the fact that minorities are treated as second class citizens. This leaves innumerable females in peril and without any form of recourse. The aforementioned reforms must be introduced. The crime of bride kidnapping has continuously been committed since before 2012 but can not be allowed to take place in 2021. It is time to not only acknowledge that this crime has been taking place in the country but to make every effort to put an end to it. A survivor whose story was published on UNICEF stated, “You will never be a victim of bride kidnapping in the past. It stays with you for the rest of your life”.

The writer is Barrister of the Honourable Society of Lincoln’s Inn and teach United States constitutional law and civil law to Pakistani LLB students