Call for laws to discourage underage marriages

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QUETTA: The National Commission for Justice and Peace (NCJP) has demanded that the federal and provincial government make it mandatory for a Nikkah Khawan to acquire proof of 18 years of age from a couple before solemnising a marriage to discourage child marriages across the country, especially in Balochistan.

Farkhanda Aurangzeb, leading human rights activist and a member of National Commission for Human Rights (NCHR), told a presser on Friday that the NCJP had noted cases of child marriages and forced marriages, followed by various forms of violence against women, had remained high and challenging, particularly for underage girls belonging to religious minorities.

At the press conference, Advocate Qamarun Nisa, Rida Fatima (HARD), Seema Batool (Shirkat Gah), Waris John (Diocesan Director, NCJP, Quetta) also shared their views and insights on the rising cases of underage marriages.

They said the government must endorse and implement constitutional guarantees of Article 9, 20, 25, and most importantly, Article 36, which guaranteed and ensured protection of the rights of religious minorities.

Ms Aurangzeb said the provincial and federal governments should acknowledge the prevalence of cases of forced conversions, abduction and underage marriages and propose a policy and legislation to curb violation of human rights.

Referring to the prevailing situation, the speakers said that since provinces were autonomous in terms of legislation and policy-making under the 18th Constitutional Amendment, Balochistan should set a precedent for other provinces to follow.

However, they added, as human rights representatives, they proposed that the definition of ‘forced conversion’ should be added to the legal framework of the state and legislation must be made on the issue, and 18 years be set as legal age for marriage across Pakistan for both boys and girls through an amendment to the Child Marriage Restraint Act, 1929, with a provision to ‘invalidate’ underage marriage/Nikkah.

Published in Dawn, November 19th, 2022

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