While the debate over child marriages across the provinces is dominated by the age issue, there is an even more important issue that no one is discussing – none of the country’s laws call for the automatic dissolution of a child marriage.
HRCP chairperson Zohra Yusuf calls it “criminal” to keep victims of abuse in abusive situations. She said this in response to a question. She hoped that the legislation on the issue in Balochistan and KP would provide for the automatic dissolution of a proven child marriage.
Experts explain that cultural and religious sensitivities are behind this oversight.
According to Anees Jillani, the main reason for this is the legitimacy of children borne from a child marriage. “And even if there are no children and a marriage is declared void, then the question of sex during the interim period will arise,” he added.
“The [Dissolution of Muslim Marriages Act 1939] states that if a girl is married as a child, at the age of 18 she can decide whether she wants to continue with the marriage or not,” Ambareen Sharif of Oxfam Novib explained.
When asked what the law states if the marriage had been consummated, Oxfam Novib’s Ayesha Inam said: “If the girl is in a marital relationship, then there’s no point in declaring the marriage null and void at 18. She may have the option as far as the law is concerned, but practically it’s not very feasible.”
She said no existing law on child marriage have a provision to automatically dissolve or repeal a child marriage. Even if a marriage is dissolved through a court order, society treats marriage as a sensitive topic. “If a 14 or 16-year-old’s marriage is dissolved because it has been classified as an early marriage, she will have to face stigma and social ostracism.”
Published in Dawn, February 1st, 2016
