CHILD MARRIAGE IN PAKISTAN
In Pakistan, one in three girls is married before reaching the age of 18
REASONS:
Deeply rooted in tradition, culture and customary practices, child marriage remains a widespread practice across Pakistan.
VIOLATION OF WOMEN'S RIGHTS:
Child marriage robs girls of their childhood and future prospects.
Girls who marry are less likely to finish school and are at higher risk of domestic violence, abuse, and health issues.
child marriage also subjects girls to at-risk pregnancies, fistula, sexually transmitted infections, or even death.
Teen girls are also more likely to die from complications during childbirth than women in their 20s.
Marrying at an early age also reduces a girl's autonomy.
CHILD MARRIAGE UNDER SECTION 2(b) Child Marriage Restraint (Amendment) Act, 2015
Child Marriage means a marriage to which either of the contracting parties is a child
MINOR:
Minor means a person of either sex who is under eighteen years of age.
Punishment for marrying a child:
if a person, not being a minor, contracts child marriage, he shall be liable to punishment of simple imprisonment which may extend to six months, and a fine of fifty thousand rupees.
Punishment for solemnizing a child marriage:
whoever performs, conducts, or directs any child marriage shall be punishable with simple imprisonment which may extend to six months, and a fine of fifty thousand rupees.
Exception:
unless he proves that he had reason to believe that the marriage was not a child marriage.
Punishment for parent or guardian concerned in a child marriage:
Where a minor contracts a child marriage, any person having charge of the minor, whether a parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, shall be punishable with simple imprisonment which may extend to six months and fine of fifty thousand rupees.
JURISDICTION UNDER THIS ACT:
Magistrate of the first class shall take cognizance of or any offense under this act.
TRIAL OF FAMILY COURT:
A family Court shall not take cognizance of any offense under this act
Exception:
Upon a complaint made by the union council
A family court exercising the powers of a Judicial Magistrate of the first class shall conduct the trial of an offense under this Act in accordance with the provisions of the Family Court Act, 1964.
POWER TO ISSUE INJUNCTION PROHIBITING MARRIAGE IN CONTRAVENTION OF THIS ACT:
The court may if satisfied from information laid before it through a complaint or otherwise that child marriage in contravention of this Act has been arranged or is about to be solemnized, issue an injunction against any of the persons of this Act.
NOTICE TO THE PARTY:
no injunction shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.
PUNISHMENT:
Whoever, knowing that an injunction has been issued against him, disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to one thousand rupees, or with both.
EXCEPTION:
No woman shall be punishable with imprisonment.
Sec.310-A PPC
GIVING A FEMALE IN MARRIAGE:
Punishment for giving a female in marriage or otherwise in badle-e- sulh, Wanni, or sawara.
Whoever gives a female in marriage or otherwise complies her to enter into marriage, as Badal-e-sulh, Wanni, sawara or ant other custom or practice under any name, in consideration of setting a civil dispute or a criminal liability shall be punished with imprisonment of description for a term which may be no less than three years and shall also be liable to fine of 500,000 Rupees.
Sec.498B. PROHIBITION OF FORCED MARRIAGES:.
Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of description for a term, which may not be less than three years, and shall also be liable to a fine of 500,000 Rupees.
Sec.498C:. PROHIBITION OF MARRIAGE WITH THE HOLY QURAN:
Whoever complies or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of description which may not be less than three years and shall also be liable to a fine of 500,000 Rupees.
Oath by a woman on Holy Quran to remain unmarried for the rest of her life or, not to claim her share of inheritance shall be deemed marriage with the Holy Quran.