Article 1 of The Convention on the Rights of the Child by UNICEF defines a child; “For the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, the majority is attained earlier”.
Pakistan has committed to eliminating child, early, and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals. Pakistan ratified the Convention on the Rights of the Child in 1990, which sets a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1996, which obligates states to ensure free and full consent to the marriage. However, it noted that this is subject to the provisions of the Constitution of the Islamic Republic of Pakistan. Pakistan is a member of the South Asian Initiative to End Violence Against Children (SAIEVAC), which adopted a regional action plan to end child marriage from 2015-2018. Representatives of the South Asia Association for Regional Cooperation (SAARC), including Pakistan, asserted the Kathmandu Call to Action to End Child Marriage in Asia in 2014. As part of its commitment, Pakistan will ensure access to legal remedies for child brides and establish a uniform minimum legal age of marriage of 18. During its 2018 Universal Periodic Review, Pakistan agreed to examine recommendations to make the minimum age of marriage for women and men 18. During its 2013 review, the CEDAW Committee raised concerns about the persistence of child marriages and the minimum age of marriage for girls in Pakistan. It also expressed concern about the high number of Pakistani girls belonging to religious minorities who are forced to convert and marry.
As per research by UNICEF 21% of girls in Pakistan are married before their 18th birthday and 3% are married before the age of 15. According to UNICEF, Pakistan has the sixth-highest number of absolute child brides in the world – 1,909,000. The median age of marriage is lowest in rural areas and in Gilgit Baltistan. A 2017 study estimates that ending child marriage in Pakistan could lead to a $6229 million rise in earnings and productivity. The most critical child marriage driver is the religion as Muslims believe that their religion requires them to marry off their daughters once they reach puberty. This also relates to a desire to protect a girl’s izzat (honor), and the high premium attached to the chastity of young unmarried girls. Various examples are also quoted from Islamic history as well in this regard to justify early marriages for girls. Child marriage is driven by gender inequality and the belief that girls are somehow inferior to boys. Weak law enforcement, poverty, lower status of women, cultural and traditional norms, protecting chastity and family honor, family ties, and the glorification of marriage these days on media are the general drivers. Looking at the specific drivers we have the rampant growth in population, particularly when in the patriarchal set up there is the desire of a male offspring as the sole heir and girls tagged as something for someone else. Traditional customs like Swara, where girls are married off to resolve disputes or debt, continues in rural communities and is often sanctioned by Jirga. Watta Satta (bartering for brides) and paitlikkhi (marrying girls off before they are born or very young) also still occur. Also, the younger daughters-in-law are preferred as they can easily be controlled and molded Then it comes to Deeply entrenched patriarchal gender norms continue to drive child marriage, and girls who marry late are often shamed for “deviating” from the tradition and considered to be fast and sharp. The marriages among families or tribes (addo baddo) are still common in Pakistan. 34% of married 16-17-year-old girls are married to a first cousin on their father’s side, dropping out of school early is both a cause and consequence of child marriage. A 2017 study shows that each year of additional secondary education reduces the risk of child marriage by 3.4% in Pakistan.
Various recommendations to end child marriage include affordable and quality education, community leadership, income-generating activities, and role models within the family who can play an influential role Child marriage can be addressed through a multi-dimensional approach, targeting all girls – not just those at risk
Under the Child Marriage Restraint Act 1929, the minimum legal age of marriage is 16 years for girls and 18 years for boys. At the provincial level, in 2014 the Sindh Assembly unanimously adopted the Sindh Child Marriage Restraint Act, increasing the minimum age of marriage to 18 years and making child marriage a punishable offense. A proposed similar nationwide bill was unfortunately struck down by Pakistan’s National Assembly in 2014. In Punjab, a Bill introducing harsher penalties for marriage under the age of 16 was also adopted. However, it does not increase the age of marriage to 18. In May 2017 a proposed Child Marriage Restraint (Amendment) Bill seeking to revise the legal age of marriage to 18 years for girls was moved into the Senate by Senator Sehar Kamran and was passed by the standing committee. However, it was then referred to the Council of Islamic Ideology (“CII”) for review, who was to compile a report within three weeks. Two months later no report had been published but the Council of Islamic Ideology indicated that marriage can be performed at any age, but rukhsati (moving to the husband’s house) would only be allowed after the age of 18. In Punjab, only 4.8% of girls surveyed reported that they feel in control of who, when, and if they marry. It is considered shameful for girls to talk about getting married – ‘good’ girls leave their marriage decision to their elders However, in both provinces, education seems to give girls more decision-making power. Once married, girls typically have little say in the decision on childbearing. Only 13% of the girls affected by child marriage report having some say. Among girls who married later, this is slightly higher (17%).We know that child marriage negatively affects a girls’ future, from health complications of early pregnancy to long-term social and economic impacts.
Addressing child marriage in Pakistan is challenging, primarily because of its links to tradition and religion. Social norms are heavily institutionalized in communities, affecting the decision making of parents and girls. Although fines and punishments exist, laws on child marriage are often weakly enforced. Moreover, when parents don’t register births – especially of girls -it can be difficult to prove that a child bride is under the legal age of marriage. Those who conduct marriages – the Qazi or Nikah Khwan, Union Council officials, or the village-level government may not seek to verify ages or inform the relevant authorities if they suspect that a bride is under the legal age. Various recommendations to end child marriage include affordable and quality education, community leadership, income-generating activities, and role models within the family who can play an influential role Child marriage can be addressed through a multi-dimensional approach, targeting all girls – not just those at risk. Programs should focus on changing attitudes and norms among decision-makers and local influencers – families, religious leaders, law enforcement, and institutions at all levels.Child marriage could be eradicated if Pakistan’s government passes an important bill, submitted by Senator Sherry Rehman, suggesting amendments to the Child Marriage Restraint Act, 1929. The bill seeks to completely ban marriage before the age of 18.In February 2017, the Government of Pakistan to crack down on child marriage, amended the Penal Code, toughening penalties for those found guilty of the crime. Ensuring the security of girls automatically insures their freedom. This security may be provided through a multiverse and multifaceted approach targeting their education, health information, healthcare services, and life-skills. Eradication of child marriage calls for long-term policies concerning women empowerment, awareness programs and effective law enforcement and implementation. Therefore, the government must make concerted efforts to empower young women through formal education, skill enhancement, and training. State institutions should work on implementing laws in letter and spirit. Most importantly, media, civil society, and Non-Governmental Organizations must play their key part in spreading awareness about the severe consequences of child marriage at the grassroot level across Pakistan Furthermore. Hence, the government must initiate measures for the timely and efficient implementation of this SDG so that girls’ right to childhood, education, and health can be guaranteed. The issue can also be addressed by continuous dialogue with religious clergy as they have a political presence when it comes to opposing such crucial social issues on a whim. Muslim countries like Oman, Turkey, and the United Arab Emirates had already set 18 as the minimum age of marriage. Religious intervention in many political policies has been with us since the dawn of Pakistan. The absence of national amendments to the CMRA means that currently there are inconsistent laws among provinces in Pakistan, in addition to incongruous standards between national laws and personal laws. Last but not the least since the age eligibility criteria is 18 years for casting vote for getting a license, think the age of marriage must also be redefined on these parameters.
The writer has experience in the field of education and is currently working as a resource person in the development sector