LAHORE: Expressing serious concern over non-prosecution of the delinquents in most of the cases of child marriages, the Lahore high Court has directed the Punjab police, the prosecutor general and the local government to develop better coordination to enforce the law.

Justice Anwarul Haq Pannun observed that despite a legal obligation on the Union Council under section 9 of the Child Marriage Restraint Act, 1929, to file a complaint before the relevant court against persons involved in a child marriage to create deterrence in society in general against such abuse of child marriage, yet the glaring shortfall, lapses, negligence and misconduct of state officials can palpably be found in existence somewhere behind the commission of almost all the offences.

The judge made these observations refusing to confirm pre-arrest bail earlier granted to a suspect, Shahid Imran, of kidnapping and raping a school-going girl in Sargodha.

The judge noted that in most of the cases, after the abduction of a minor girl, the delinquents hurriedly manoeuvre nikah namas (marriage contract) to use it as a shelter for saving their skin from the punishment of the offence.

The judge regretted that in many cases, despite acknowledging marriage contracted in violation of the law, instead of facing the music for their offence, in the absence of a proper practical mechanism, all the delinquents unfortunately go escort free.

The judge said the government by setting the machinery in motion of some agencies may activate the vigilant role of the union council officials to control the child marriages.

Justice Pannun observed that while ignoring investigation on the aspect of age of a victim in cases of abduction/marriages the investigation officers usually fail in discharge of their duties in this regard.

He said the State had since fixed the age for marriage to protect the minors through the provisions of the relevant laws, the noncompliance would amount to frustrate the object behind the laws.

The judge said, the record shows, the age of abducted girl as per the medicolegal certificate after her physical/medical examination, was 13/14 years and the marriage of the petitioner/suspect with the abductee, which she refuted too, had illegally been contracted.

A counsel for the petitioner argued before the court that his client had been falsely implicated in the case by the complainant/mother of the girl being unhappy on account of her daughter’s marriage with the petitioner against her wishes.

He said contracting a marriage by a Muslim with a puberty girl under Muhammadan Law was permissible, as such, the petitioner committed no offence.

Justice Pannun observed that the Supreme Court had already ruled that a female child below the age of 18 years cannot be deemed competent to freely grant her consent to enter into a marriage contract merely because she manifests the physical symptoms of having attained puberty.

Therefore, he said the consent of a female below the age of 16 years is immaterial.

The judge maintained that in absence of any mala fide or ill will of the complainant, the victim or on part of the police for the false involvement of the petitioner in the case, the petitioner failed to make out his case for confirmation of pre-arrest bail.

The judge dismissed the petition and revoked the pre-arrest bail already granted to the petitioner.

The judge ordered IG police, the prosecutor general, the Punjab local government director to ensure a better coordination in the criminal justice system of the province and frame SOPs, if necessary, to enforce the law laid down through the judgments to eradicate a continuing abuse of child marriage besides bringing the delinquents to book.

Published in Dawn, August 20th, 2023