Naila Altaf Kayani
Child marriage is a prevalent social issue in many parts of the world, including Pakistan and its administered part of Kashmir. Despite numerous legal and social reforms, the practice continues to persist, posing significant threats to the well-being and development of young girls and boys. This article delves into the factors contributing to child marriages in Pakistan and Azad Kashmir, its impact on young lives, and the efforts being made to eradicate this harmful practice. In Pakistan and Azad Kashmir, child marriages are deeply rooted in cultural and traditional norms. According to UNICEF, nearly 21% of girls in Pakistan are married before the age of 18, and approximately 3% of girls are married before the age of 15. In Azad Kashmir, the situation is similarly alarming, with early marriages remaining a common practice in certain rural and conservative areas. Several factors contribute to the persistence of child marriages in these regions. Poverty and lack of education often force families to marry their daughters off at a young age, as they see it as a means of financial security. Additionally, deeply ingrained cultural norms, discriminatory gender roles, and limited access to reproductive health information play a significant role in perpetuating child marriages. Religious interpretations and cultural beliefs often intertwine with the issue of child marriages.
Some communities believe that early marriages are sanctioned by religion, leading to resistance against reforms. Tackling this issue requires engaging with religious leaders and promoting alternative interpretations that advocate for protecting children’s rights. Child marriages have severe consequences on the physical, emotional, and psychological well-being of young girls and boys. Girls who marry early are more likely to face complications during pregnancy and childbirth, which can lead to maternal and child mortality. Furthermore, early marriages often result in the discontinuation of education for girls, depriving them of opportunities for personal growth and professional development. Young brides are also more vulnerable to domestic violence and social isolation. Pakistan has taken steps to address child marriages through legal reforms, but the legal marriage age in Pakistan is discriminatory for both boys and girls.
The primary law implemented in Pakistan in 1947 which applies in Islamabad, KPK, Balochistan, Gilgit Baltistan, and AJK is the Child Marriage Restraint Act, 1929. In contrast to the internationally acknowledged marriage age, this law sets the legal marriage age at 16 for females and 18 for males. Sindh has taken a step forward via outstanding legislation requiring that both boys and girls can marry at the age of 18, with heavy penalties for aiders and abettors of underage marriages. While Punjab enacted a provision making underage marriage a bailable offence and kept the legal marriage age at 16 for girls and 18 for boys. The Child Marriage Restraint Act, 1929 has been attempted to be amended a number of times yet it still does not completely address child, early, and forced marriages and does not establish the marriageable age for girls at 18 years. A study titled “Cruel Number”, compiled by Sahil, an NGO battling child abuse in Pakistan, stated that over 4,000 cases of child sexual abuse or underage marriages were reported in the country in 2022, out of which at least 5 hailed from AJK. In an other unfortunate incident this year in AJK, a 14 year old girl delivered a baby girl after being raped by her male sibling and real father as reported by Humaira Kanwal for BBC. This all is happening despite a criminal law amendment in July 2022 by AJK legislative assembly that calls for the death penalty, life in jail, a fine, or castration for those who rape minors. Implementation of the law remains a challenge due to weak enforcement mechanisms and cultural resistance to change.
Pakistani courts frequently employ Islamic law in these situations, which reads every female who has experienced puberty as eligible for marriage regardless of age. In Azad Kashmir, where legal jurisdiction is different, similar efforts have been made, but gaps in enforcement persist. Various organizations and NGOs are working tirelessly to combat child marriages in Pakistan and Azad Kashmir. They focus on empowering communities, raising awareness about the negative impact of early marriages, and advocating for legal and social reforms. Additionally, educational programs and vocational training are being offered to help young girls build a better future for themselves. Child marriages continue to be a pressing concern in Pakistan, a multi-faceted approach is needed, encompassing legal reforms, education, awareness campaigns, and active community engagement.
It is crucial to empower young girls and boys, providing them with the necessary tools to build a brighter future and break free from the chains of child marriages. Only by working together can we ensure that every child in Pakistan and Azad Kashmir can grow up in a safe and nurturing environment, free from the burden of sexual abuse and early marriages.
(-Naila Altaf Kayani is a Social and Political Analyst and a Human Rights Campaigner based in Muzaffarabad. She tweets @NylaKayani)
