Nearly one in five (18.3%) Pakistani girls are married before age 18, in accordance with data from 2017 to 2018, with over half becoming pregnant as children. Many of those girls are of Christian or Hindu faiths that collectively make up 3.5 percent of the population, which is majority Muslim.
While the federal government has officially banned child marriage, discriminatory laws and lack of enforcement have allowed the practice to persist. Most child marriages are arranged by families, but an estimated 1,000 girls are abducted, converted to Islam, after which forcibly married to their abductors annually. These child brides face heightened risks of pregnancy-related health complications and maternal mortality.
A recent ruling by the Lahore High Court could provide one other tool for advocates and church leaders attempting to protect Pakistani girls. In April, it struck down a provision of the 1929 Child Marriage Restraint Act that set the minimum marriage age at 16 for ladies but 18 for boys. Deeming this definition of a toddler as “discriminatory and unconstitutional,” the court directed the province of Punjab to revise the law with a uniform minimum age of 18 for each genders.
The judgment cited Pakistan’s constitutional guarantees of gender equality and protection of ladies and youngsters’s rights and presented data showing how adolescent pregnancy is considered one of the leading causes of death for 15- to 19-year-old girls.
“We, as a nation, woefully lag behind in all major indicators, and half of our population can’t be lost to childbearing at an early age while its potential stays untapped,” wrote Justice Shahid Karim. “Equal opportunities for females mean equal restraint on marriage because the males.”
As Punjab becomes the second Pakistani province (out of 4) to adopt 18 because the minimum marriage age for each genders, advocates have faced challenges attempting to toughen and implement penalties on those that violate existing laws.
Shortly after last month’s ruling, the Provincial Assembly of the Punjab introduced a bill that will end in severe penalties for adults engaging in child marriages in addition to for those facilitating such unions, including parents or guardians. Offenders could face imprisonment of as much as two years and/or a considerable nice of as much as 2 million Pakistani rupees (about $7,200 USD).
While many Christian and other religious minority groups support such laws and are thankful for the court’s ruling, not everyone agrees on its efficacy. CT asked 4 leaders on whether the legal system is effective in curtailing forced marriages and conversions. Their responses are arranged from “no” to “possibly” to “yes.”
Asher Sarfraz, chief executive, Christians’ True Spirit, a ministry for youngsters in poverty, Lahore
The Lahore High Court’s decision, as triumphant as it could sound, is insufficient with no societal shift. Passing an order on the judiciary level is not going to bring any change, since the order needs to be implemented by law enforcement agencies. If these agencies should not willing to hold the change and to permit victims’ families to feel secure in bringing their grievances to them, and to guarantee that unbiased procedures could be followed to bring justice, then no amount of judgments will result in a change.
Child marriage is strongly knitted into the culture of Pakistan, and breaking the age-old chain requires a complete shift not only within the mindset of individuals but additionally on the assorted levels of law enforcement authorities, who should help uphold the law and perform unbiased actions. Therefore, I think there will probably be no impact on cases of forced conversion and compelled marriages.
In 2014, the Pakistani supreme court mandated the federal government to prepare a federal task force to advertise religious tolerance and to establish a council to observe the rights and safeguards provided to minorities under the structure. But even after ten years, it has not been fully implemented.
Making child marriage unacceptable in Pakistan relies on educating the general public, training judges and officials, and difficult the religious beliefs that justify child marriage. Ending this pernicious practice would require a multipronged effort uniting government, civil society, and communities nationwide.
Ruby Naeem John, codirector, Bethel Evangelistic Organization, Islamabad
I’m unsure whether the changes to the Child Marriage Restraint Act will prevent forced marriages, because I think that by only changing the law, change is not going to occur. The mentality of individuals also should be modified.
In general, the church in Pakistan must strengthen and disciple families through family ministry, and churches must do a greater job educating Christian families about the implications of marrying off their minor daughters or letting their sons marry minor girls.
Unfortunately, in the previous couple of many years, Christian boys haven’t prioritized education and thus find yourself economically weak. At times, Christian minor girls are inclined to marry Muslim men because they see their financial future secure with them. We have to help economically empower our Christian boys. Christians must learn to take responsibility for his or her actions and never blame every part on forced conversions.
I do agree that there are real cases of abduction and compelled conversion of minor girls, and that strict implementation of the law in the long run may curtail this crime.
Peter Jacob, executive director, Centre for Social Justice, a research and advocacy organization
We welcome this recent decision from court that comes nearly 100 years after the 1929 Child Marriage Restraint Act was enacted, a progressive and historic decision that sought to guard the rights of ladies and, especially those that are minority.
More than 70 percent of ladies who’re abducted or who willingly flee with Muslim men, after which are converted and married, are underage. If this law is implemented in letter and spirit, it’ll help prevent forced conversions.
The advantage of getting the law is that not less than people can have recourse to law and justice. That said, laws don’t change into operative by themselves—they only function a deterrence. The judges comprehend it, the lawyers comprehend it, and that awareness contributes to implementation of the law not directly. Nevertheless, in case of a violation, the matter needs to be dropped at the court within the technique of law.
This bill, not less than, is a step in the appropriate direction, though nobody can use it to challenge any marriage without delay, until all legal formalities are complete and it becomes a law. But the mere presence of such a bill will not less than have persuasive value.
According to UNICEF, 18.9 million girls in Pakistan are married before they attain the age of 18 and 4.6 million before they turn 16. Anybody contracting marriage with a woman under 16 is already against the law. Those violations are already happening and will be stopped by exercising the prevailing law.
Azhar Mushtaq, general secretary, Pakistan Bible Society, Lahore
The proposed laws, once implemented, will fundamentally counter the reprehensible practice of forced marriages involving minors, particularly girls as young as 12 or 14 years old. At such an impressionable age, these children can easily be subjugated through threats and coercion into marriages. The law recognizes that an 18-year-old is more developmentally equipped to guage such a monumental decision.
However, the tough reality is that even adults can fall victim to being deceived, compelled, or abducted into marital arrangements. So, while the laws cannot eradicate all instances, its core purpose is to erect legal safeguards to guard society’s most vulnerable—innocent children—from being exploited and robbed of their childhood.
Despite present judicial measures and oversight, bad actors can still exert insidious influence to intimidate and pressure a minor girl into falsely professing a consent she doesn’t actually possess in her heart and mind. This law endeavors to be a safeguard defending these vulnerable young lives from such repugnant coercion.
Undeniably, there are specific areas in Pakistan where the implementation of this law may prove difficult. These areas are dominated by influential individuals, and law enforcement agencies are powerless against them. The masses in these regions operate in accordance with their very own whims, disregarding the law.
But this laws represents vital progress in recognizing and combating what’s inexcusable, and one hopes that it will change into a shield for those which might be most prone to exploitation through such antiquated and abhorrent marital practices.
