According to data from 2017-2018, nearly one in five girls (18.3%) in Pakistan was married before the age of 18, and more than half of them became pregnant as children. Most of these girls are Christian or Hindu, making up 3.5% of the population, while the rest are Muslim.
The government officially prohibits child marriage, but discriminatory laws and poor enforcement mean child marriages continue to occur. While most child marriages are arranged by families, an estimated 1,000 girls are abducted each year, forced to convert to Islam, and then forcibly married to their abductors. Victims of these child marriages are at increased risk of pregnancy-related health complications and maternal mortality.
A recent ruling by the Lahore High Court may provide new tools for activists and church leaders seeking to protect girls in Pakistan. In April, the court struck down provisions of the 1929 Prohibition of Child Marriage Act that set the minimum age for marriage at 16 for girls and 18 for boys. Calling the definition of a child “discriminatory and unconstitutional,” the court directed the province of Punjab to amend the law to unify the minimum age of marriage to 18 for both boys and girls.
The ruling cited Pakistan’s constitution as guaranteeing gender equality and the protection of the rights of women and children, and presented data showing that adolescent pregnancy is the leading cause of death among girls aged 15-19.
“Our country is woefully lagging behind on all key indicators and we cannot afford to let half our population go untapped and lose its potential to early childbirth,” Justice Shahid Karim wrote. “Giving women equal opportunities means giving them the same restrictions as men when it comes to marriage.”
Punjab has become the second province in Pakistan (out of four) to set the minimum age for marriage at 18 for both men and women, but advocates face challenges in enforcing tougher current laws and penalties for violators.
Shortly after last month’s ruling, the Punjab provincial assembly introduced a bill that would impose stiff penalties on adults involved in child marriages and those who facilitate them, such as parents or guardians. Violators could face up to two years in prison and/or a hefty fine of 2 million Pakistani rupees (approximately US$7,200).
While many Christians and other religious minority groups support such laws and are grateful for the court’s ruling, not everyone agrees on their effectiveness. CT asked the four leaders whether the legal system is effective in suppressing forced marriages and conversations. Their answers ranged from “no” to “maybe” to “yes.”
Asher Sarfaraz, CEO of Christians True Spirit, which helps underprivileged children (Lahore)
The Lahore High Court’s verdict may sound like a victory, but it is not enough without social change. Passing orders at the judicial level will not bring about any change because the orders have to be implemented by the law enforcement agencies. If these agencies are not willing to bring about change, to give the families of the victims peace of mind in filing complaints, and to ensure that justice is delivered following a fair process, then no verdict will bring about change.
Child marriage is deeply ingrained in Pakistani culture and breaking this age-old cycle requires a total shift in mindset not just among people but also among law enforcement agencies at various levels who must help enforce the law and act impartially. Therefore, I believe there will be no impact on cases of forced conversion and forced marriage.
In 2014, Pakistan’s Supreme Court ordered the government to form a federal task force to promote religious tolerance and set up a council to monitor the rights and guarantees given to minorities in the constitution, but a decade later, it has yet to be fully implemented.
Making child marriage unacceptable in Pakistan requires educating the public, training judges and officials, and challenging the religious beliefs that justify child marriage. Ending this harmful practice will require a multi-pronged effort that brings together government, civil society and communities across the country.
Ruby Naeem John, co-director of Bethel Mission Organization, Islamabad
I don’t know if amending the Child Marriage Prevention Act will prevent forced marriages, because I don’t think changing the law alone will bring about change. People’s mindsets have to change too.
In general, churches in Pakistan need to strengthen and disciple families through family ministries. Churches must also do a better job of educating Christian families about the consequences of marrying off underage daughters and sending sons to underage girls.
Unfortunately, over the past few decades, Christian boys have not prioritized education and as a result are economically vulnerable. Sometimes, Christian underage girls try to marry Muslim men, thinking that this will give them financial security. We need to help Christian boys become financially independent. Christians must learn to take responsibility for their actions and not blame everything on forced conversions.
I agree that cases of abduction and forced conversion of underage girls do exist and strict enforcement of the law in future could reduce such crimes.
Peter Jacob, executive director of the Center for Social Justice, a research and advocacy organization
We welcome this new judgement by the Court, which comes almost 100 years after the enactment of the Child Marriage Prohibition Act, 1929, a progressive and historic judgement aimed at protecting the rights of women, especially minorities.
More than 70 percent of girls who are abducted or who voluntarily run away to Muslim men and then convert and marry are minors. If implemented in letter and spirit, this law will help prevent forced conversions.
The advantage of having laws is that at least people can rely on them and justice. However, laws are not effective by themselves, they only act as a deterrent. Judges and lawyers know about them and their awareness indirectly contributes to the enforcement of the laws. Nevertheless, any violations must be brought to court in legal proceedings.
This bill is at least a step in the right direction, even though currently no one can use it to challenge a marriage until all the legal procedures are completed and it becomes law, but the mere existence of such a bill is at least of persuasive value.
According to UNICEF, 18.9 million girls in Pakistan are married before they turn 18, and 4.6 million are married before they turn 16. It is already illegal to marry a girl under the age of 16. These violations are already happening and can be stopped by enforcing existing laws.
Azhar Mushtaq, Secretary General, Pakistan Bible Society, Lahore
The proposed bill, if implemented, will put a fundamental stop to the reprehensible practice of forced marriage involving minors, especially girls aged 12 and 14. Children at an impressionable age can easily be subjugated through threats and coercion into marriage. The law recognizes that 18-year-olds are at a developmental stage where they are fully capable of evaluating such an important decision.
However, the reality is that adults can be tricked, coerced or kidnapped into marriage, so while this law cannot eradicate all cases, its main objective is to provide legal safeguards to ensure that innocent children, the most vulnerable in society, are not exploited and their development is robbed.
Despite current judicial measures and oversight, bad actors can still exert their insidious influence to intimidate and pressure underage girls into falsely professing consent when in fact their heart and mind do not. This law aims to be a safeguard against such abhorrent coercion to protect these vulnerable young lives.
It cannot be denied that there are areas in Pakistan where the enforcement of this law may be difficult. These areas are ruled by influential individuals and law enforcement agencies are powerless against them. The masses in these areas ignore the law and act according to their own whims.
But this legislation marks important progress in recognising and combating unacceptable behaviour, and we hope it will provide a shield for those most vulnerable to exploitation through these outdated and abhorrent marriage practices.
