Provincial governments are primarily responsible for enacting laws and developing policies and programmes to eliminate child marriages in their respective jurisdictions after 18th Constitutional amendment in 2010.
Constitution of the Islamic Republic of Pakistan, 1973
The Constitution of the Islamic Republic of Pakistan, 1973 does not specifically mention child marriage. The Constitution of Pakistan guarantees certain fundamental rights, including the right to life, liberty, and the pursuit of happiness, which can be interpreted to protect children from harmful practices such as child marriage.
The Constitution of the Islamic Republic of Pakistan pledges to ensure the elimination of all forms of exploitation and protection of law as an inalienable right of every citizen and will undertake special provision for women and children, as needed. As part of fundamental rights, it further elaborates that any inconsistency of any law, or any custom or usage having the force of law, with these rights will be treated as void; and no person will be deprived of life and liberty.
The Constitution prohibits slavery and forced labor including child labor. Article 25 of the Constitution establishes the equality of citizens and binds the state to provide free and compulsory education to all children between the ages of 5 and 16 years old.
The principles of policy in the Constitution protect the Muslim way of life, individually and collectively. These principles are recommendatory and not part of fundamental rights.
Child Marriage Restraint Act, 1929
The Child Marriage Restraint Act, 1929 is a law applicable in the Islamabad Capital Territory, Balochistan and Khyber Pakhtunkhwa regulating child marriages. The legal age of marriage is 18 years for boys and 16 years for girls.
The law defines child marriage as a marriage in which one of the two parties is a child. An adult man who marries a child is punishable with up to 1 month imprisonment or a fine of up to Rs.1,000/- or both. The punishment for solemnising a child marriage is up to 1 month imprisonment or fine up to Rs.1,000/- or both and the punishment for parent/guardian child marriage is up to 1 month imprisonment or fine up to Rs.1,000/- or both. Under the law, the court can issue injunction for stopping a child marriage.
Muslim Family Laws Ordinance (MFLO), 1961
The Muslim Family Laws Ordinance (MFLO), 1961 governs various aspects of family life for Muslims in Pakistan, including marriage, divorce, and maintenance.
The law also specifies role of Union Councils in preventing child marriages. In Section 5 of Muslim Family Laws Ordinance, 1961 that every marriage in Pakistan should be registered with Union Council through its Nikah Registrar. Section 5(4) of the Act also provides for a punishment of up to 3 months or fine of thousand rupees if marriage is not registered, or both.
Pakistan Family Courts Act, 1964
The Pakistan Family Courts Act, 1964 is a law that established family courts in Pakistan to deal with matters related to marriage, divorce, and other family issues. If a girl wants to end marriage, she has to file a petition in the family court for obtaining a decree of Khula or on the basis of one of the ground “Option of Puberty” enumerated in the Dissolution of Muslim Marriages Act, 1939. The Act gives the family courts the authority to declare a marriage void if it involves a minor.
The Government of Punjab in March 2015 amended the Pakistan Family Courts Act, 1964 through Punjab Family Courts (Amendment) Act 2015 and gave exclusive power to the Family Court for trial of offences related to child marriages. In other provinces, these matters are still tried by magisterial court.
Sindh Child Marriage Restraint Act, 2013
The Sindh provincial government enacted the Sindh Child Marriage Restraint Act (SCMRA) in 2013, raising the age of marriage for boys and girls to 18 and increasing the prison sentence to a minimum of two years. Child marriage is a cognisable offence and also a non-bailable, non-compoundable offence under the Sindh Child Marriage Restraint Act, 2013, which means that police can take action without seeking court permission. Under the Sindh Child Marriage Restraint Act, 2013, the court can issue an injunction banning child marriages on the application of a citizen. Although the person against whom an injunction is to be issued must be given, the court can dispense with it if necessary. The SCMRA, 2013, requires the court to conclude the case within ninety days. The Sindh Child Marriage Restraint Rules, 2016 provide that a medical certificate can be produced to prove age if the CNIC is not available.
Punjab Child Marriage Restraint (Amendment) Act, 2015
The Punjab Assembly has promulgated the Punjab Child Marriage Restraint (Amendment) Act, 2015, which provides for harsher penalties for child marriages and holds both the nikah khawan and the child’s guardians accountable. Underage (below 16 years of age) and forced marriage is a punishable crime and a charge of underage marriage can be filed with the police, the union council and the magistrate’s office. Family Court having judicial magistrate power can take cognisance on a complaint by Union Council. Court can issue injunction for stopping a child marriage.
Under the Act, any person who marries a girl below the age of 16 years and the person who performs such marriage, including the Nikah Registrar, shall be punishable with imprisonment for a term which may extend to 6 months and a fine of PKR 50,000
- PPC Section 310-A & 498-C: Customs such as Vani and marriage in lieu of compromise or marriage with the Holy Quran are illegal and punishable with imprisonment for a term of 3 to 7 years and a fine of PKR 500,000.
- PPC Section 498-B: A person who forcibly marries a girl against her will shall be punished with imprisonment for 3 to 7 years and a fine of PKR 500,000.
Non-Muslim Personal Laws
Pakistan has enacted the Hindu Marriage Act, 2017 (HMA 2017), which regulates the solemnization of marriages in Hindu families. The HMA 2017 stipulates that both parties must be at least 18 years of age for a Hindu marriage to be performed.If either party to the marriage is not of this age, the marriage may be annulled by a court. In 2018, the Punjab assembly passed the Punjab Sikh Anand Karaj Marriage Act, which states that no man and woman of the Sikh community who are below 18 years of age may solemnise marriages. However, the minimum age for a native Christian man is 16 years and for a woman 13 years under the Christian Marriage Act, 1872 (CMA, 1872) to contract marriage. The Parsi Marriage and Divorce Act 1936 (PMDA, 1936) applies to Parsi living in Pakistan. The PMDA does not specify a minimum age for marriage, but instead provides that marriage of persons under the age of 21 must be with the consent of a guardian. It also prohibits any action to enforce a marriage where the husband is under 16 and the wife under 14.