FSC hears forced child marriage case, seeks details from province

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ISLAMABAD: The Federal Shariat Court (FSC) on Tuesday heard the case of an apparent forced marriage of a five-year-old girl in Balochistan and directed the provincial government to submit a complete report on the matter.

A full bench of the FSC comprising Chief Justice Dr Syed Muhammad An­­wer and Justice Khadim Hussain M. Sheikh took up the matter and directed the law officer, appearing on Balochistan government’s behalf, to submit a report regarding legislations to stop forced marriages and the steps taken by the provincial government in this regard.

Later, the matter was adjourned on respondents’ request.

Chief Justice Anwer took a suo motu notice after media reported the incident and the father of the girl lodged an FIR in a police station in Khuzdar.

The applicant claimed his daughter was forcefully married on orders of a jirga to settle a murder dispute.

The case was registered under Section 1-6 of the Child Marriage Restraint Act, (1929) which suggested punishment of up to six months to individuals who contracted marriage of a child and under Section 34 that dealt with acts done by several persons for common intention.

In a statement, the FSC had said the chief justice took the notice as the act was un-Islamic as well as against the Constitution.

“The cruel, un-Islamic and heartless ritual is found in many parts of Pakistan where girls are given in marriage or servitude to an aggrieved family as compensation to end disputes, often murder,” he said.

“Under this custom, the personal liberty of a woman is restricted for the rest of her life against all norms of justice, therefore, contravening to the Islamic injunctions and also Article 9 of the Constitution,” he said.

Published in Dawn, November 2nd, 2022

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