ISLAMABAD: A parliamentary committee will take up next pl week a significant bill seeking amendments to the 85-year-old British-era law on child marriage and making the practice a cognisable offence.

The Child Marriage Restraint (Amendment) Bill 2014, a private member bill moved by four lawmakers of the PML-N last year, is on the agenda of a meeting of the National Assembly’s Standing Committee on Religious Affairs to be held on April 3.

The proposed law seeks to change the definition of “child”, saying that “child means a person who is under 18 years of age” as declared by the United Nations Convention on the Rights of the Child.

Presently, the definition of “child” is different for a boy and a girl. Under the existing law, a boy is considered to be a child if he is under 18 years whereas a girl is a child if she is under 16.

The bill was tabled by Marvi Memon, Asiya Naz Tanoli, Pervaiz Malik and Shaista Pervaiz Malik.

Draft law suggests strict punishment to violators, removes gender disparity in age

Suggesting several amendments to the Child Marriage Restraint Act 1929, the bill envisages conversion of “simple imprisonment” to “rigorous imprisonment” awarded to the culprits involved in the illegal practice.

The proposed draft also seeks an increase in the jail term from “one month” to “two years” and enhancement of the fine amount to Rs100,000 from the existing Rs1,000 for those committing the crime.

The bill authorises family courts to take cognisance of the crime and hold trial.

“The family court, established under section 3 of the West Pakistan Family Court Act 1964..., shall exercise jurisdiction under this act and may take cognisance of an offence in the manner provided by section 190 of the Code of Criminal Procedure 1898...,” says the bill. “All offences under this act shall be cognisable.”

Another proposed section titled “power to issue injunction prohibiting marriage” reads as: “Notwithstanding anything to the contrary contained in any other law, the court may, if satisfied from information laid before it through a complaint or otherwise, that a child marriage in contravention of this Act is going to be arranged or is about to be solemnised, issue an injunction prohibiting such marriage.”

“Whoever, knowing that an injunction has been issued against him under sub-section (I) of this section, disobeys such injunction, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to one hundred thousand rupees, or with both,” the draft suggests.

India which also faces the same problem amended the 1929 law in 2006 to restrain child marriage.

The bill’s statement of objectives and reasons says: “Poverty, illiteracy, anti-human rights, social and cultural practices are factors cited for the prevalence of child marriages. An early marriage leads to early conception, which ultimately affects the health of the teenage girls. Typically enormous pressure to bear children is put on child brides. In developing countries, the leading cause of death for young girls between the age of 15 and 18 is early pregnancy.

“Unfortunately, the practice of child marriage is common in all parts of Pakistan particularly in the poor urban and rural areas but the act of solemnising child marriage is not cognisable and the police cannot take actions against the offenders.

“This amendment is intended to serve as a deterrent and to remove the existing gender disparity in age,” says the draft law.

Published in Dawn, March 29th, 2015

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