Harsher punishments in Child Marriage Act approved by Punjab Assembly
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LAHORE: A bill proposing an amendment to the Child Marriage Restraint Act 1929 has been approved by the Punjab Assembly. Under the new law, parents and clerics who allow the marriage of underage children will face greater penalties than they had under previous versions of the law.
Among the revisions to the law are the imposition of a six-month prison term and a fine of Rs50,000. In addition, there will be a prison sentence and fine imposed on the cleric overlooking the marriage ceremony.
Previously, parents faced a month-long prison sentence and a fine of Rs1,000, while clerics were not penalised in any way. The changes have been made after the Punjab Assembly had, earlier this year, discussed the possibility of amendments to the law.
The Sindh Assembly passed a Child Marriage Restraint Act in 2013, making it the first provincial assembly to do so.
Read more: Sindh Assembly passes bill prohibiting child marriages
In December last year, Justice Shaiq Qazi had emphasised the need for clarity regarding child marriage legislation.
“It is stated that whoever indulges in child marriage is a criminal. But then who is that really? The parents or guardians? The Qazi who performs the nikah? The guests at the wedding? Who? It is important to define who that criminal is because you cannot offend the people, you need their cooperation to implement the law. So more work is needed here," he had said.
He also warned against citing religious precedent concerning the marriage of minors and touched up on the need for ensuring the law is followed.
“Only adults have the sound mind and judgement to understand the terms and conditions of a contract. So that should be stressed more. Also look into preventing the wrong older age being written in the nikah papers. What can be done is add a provision of return of the Qazi every month or so to report how many nikahs he has conducted and how old the brides were. Then he may be extra cautious about the girls’ ages.”
Read more: Amendments to the Anti-Child Marriage law
Read more
On DawnNews
Comments (34) Closed
Mar 06, 2015 01:17pm
Great decision...Congrats to the law makers..
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Mar 06, 2015 01:19pm
Good move by Punjab government ! It is good sign that Pakistan and her people slowly distracting from fanatics rule and moving towards more secular attitude and good tolerance with other religions .
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Mar 06, 2015 01:22pm
Why only in Punjab??? What are other provinces doing?? Child marriage should be banned from Pakistan those who do should face life in prison.
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Mar 06, 2015 01:31pm
Strange here in West girls can get into relationship at the age of 16 implicitly can get marry. But in Islamic republic the age is increased to 18. What a country and level of servitude
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Mar 06, 2015 01:32pm
Laws on paper not in practise
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Mar 06, 2015 01:44pm
Pakistan has the highest rate of child marriage.We should further strengthen penalties for conducting and facilitating marriage involving children, whilst important, is only part of the solution. It is also critical to increase public knowledge about the health, education and social impacts of child marriage, to eliminate the practice of requiring the family of the bride to pay highly expensive dowries, especially where the dowry increases with the age of the bride, and to ensure that Kazis ask valid proof of age before officiating at a marriage ceremony.
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Mar 06, 2015 01:48pm
A very good decision. But, let us see how it is implemented. There are numerous steps missing between cup and lips.
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Mar 06, 2015 02:03pm
Today Punjab Assembly passed Anti-Child Marriage law. It is sad fact that this law will replace a law which was enacted in 1929. After all why every thing go so slow in our beloved home land? Although its arrival is very late but over all ita passing is a good news. But it is flawed and mild in proposed punishment. A mere fine of 50000 rupees and imprisonment up to six months for the parent can not be an effective detterent. I think imprisonment should be for 2 years and fine should be 1000000. If some one convicted can not pay this fine he should be given one more year prison term. Minimum age for marriage has been set as 18. I think it should be enhanced to 22 or at least 20.
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Mar 06, 2015 02:10pm
What a daring step.hope they uphold it as well..it's slap across religious JAAHILS faces..Good Luck
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Mar 06, 2015 02:13pm
Good decision. What about rapes?
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Mar 06, 2015 02:24pm
its not something new in our society so why is it taking the lawmakers so long to come up with an impressive law that too in pieces...every sane person knows this act is more prevelant in balochistan and kpk but no one out there in upper house to speak out on the issue...my advise is life time prison for the gaurdian and cleric involved.
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Mar 06, 2015 02:34pm
There should be more deterrence in the form of stricter punishment for the cleric
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Mar 06, 2015 02:44pm
Just Curious...Is this applicable for girls also??? I don't think so...
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Mar 06, 2015 02:54pm
I think the amount of fine is too low plus the sentence in prison is low too. There must be at least half a million fine and 3 years of prison for both Qazi parents of bride and bridegroom.
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Mar 06, 2015 03:11pm
No marriage should take place without evidence of birth certificate.
As for Kazi, should he suspect parents or guardians not complying to marriage laws then these people must be reported to police immediately.
Clause in the marriage laws must include witnesses can be prosecuted for giving false evidence on age.
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Mar 06, 2015 03:12pm
@dawn reader I don't think you are truly a 'Reader'.
The law against Child Marriage is present in all provincial assemblies, in fact Pakistan is a signatory of UN convention of Rights of Children. Punjab Assembly has stricken the law by amending the punishments. Last year, KPK assembly also presented a bill in the provincial assembly that restricts girls wedding to held after they become 18yrs or older but the bill was rejected by legendary diesel and other members of the assemblies.
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Mar 06, 2015 03:15pm
@Muhammad Ashtar Chattha As Justice Qazi rightly said, you can't ridicule people right away, you need their cooperation to implement and upheld the law.
the serious matter is not the Punishment but the is the rate of conviction. Let see how well it is implemented?
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Mar 06, 2015 03:22pm
According to law, Its not punishment for the cleric (he can solemnize but cant register) necessarily but Nikah Registrar who is Government Servant and responsible to register the marriages in a union council! plz. correct...
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Mar 06, 2015 03:25pm
Very good doing for the little girls..specially when it is time for them to go to school and learn the good from the bad...now PLEASE PLEASE for the sake of God and humanity make a very death low for the rapist.
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Mar 06, 2015 03:30pm
They should be more strict... 10 years in prison, and 100,000 PKR...
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Mar 06, 2015 03:47pm
who will impose the rules in the jungle.
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Mar 06, 2015 03:50pm
In the west, boy and girl start mating at the age of 15 or high school and live together from the age of 18. which allowed socially. even they don't marry for the whole life. same thing we want to do with officially then the west comes down to human rights.
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Mar 06, 2015 04:02pm
A good move
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Mar 06, 2015 04:06pm
The punishment should be much harsher.. 10 years in prison with hard labor is appropriate.
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Mar 06, 2015 04:18pm
Are you guys serious? Six months jail? Where's the deterrence in that for such a CRIME against under-age children. Just today a court in Australia jailed a man (of Lebanese descent) who married a 12 year old child to 10 years jail, with seven-and-a-half years minimum. The poor child miscarried and nearly died. Not surprising. Australia and other civilised countries want to ensure than children are free to enjoy their childhood without being sold/exchanged/ married off for whatever reason before they have a chance to grow in every sense of the word. Please do the same for the children of Pakistan, who deserve all the help they can get, what with the Neanderthal mentality of some who even kill to prevent them being immunised against polio. Ulloos of the lowest order.
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Mar 06, 2015 04:43pm
Whoever encourages this illegal act should be punished. Either a Mullah, parents or family influence. Wrong is wrong for it is the question of life of the child.
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Mar 06, 2015 05:09pm
Long time over due, thanks to Punjabis for taking the initiative to bring out such a law. Slowly but surely Pakistan is sorting itself out. Next law one marriage and one child plus free health care for such families. Exciting times ahead for Pakistan.
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Mar 06, 2015 05:48pm
@haroon very skewed comparison. a relationship and marriage are very different things.
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Mar 06, 2015 06:26pm
Beginning the end of traditional marriage.
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Mar 06, 2015 07:20pm
It is better to make CNIC compulsory both for male and female marriage.
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Mar 06, 2015 07:57pm
The west just has given up on marriage concept. They believe in having relationships first before getting married (something like a test drive) and trying to enforce their views on us. I personally feel that women would be better wives if they married younger. I think if it was to be a law, it should be 16 years old, not 18.
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Mar 06, 2015 10:48pm
@Imran A. Why do you think women are better wives when they marry younger?..... Because they do not get the opportunity to form their own opinions or learn to think for themselves, because they do not get the opportunity to be dependent and make their own decisions, because it's easier to suppress their aspirations and make them bend to your will?
So what you are saying is that they make better wives cause they are easier to enslave!
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Mar 06, 2015 11:35pm
what about acid attacks on women? any legislation for that?
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Mar 07, 2015 05:04am
Did I misunderstand? Punishment for ONLY the parents and the cleric? In cases where an adult male is marrying the child, will that man be punished as well?
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