National Level
Constitution of Pakistan, 1973
The Constitution of the Islamic Republic of Pakistan, the supreme law of Pakistan, highlights the sense of equality amongst all citizens irrespective of their age, gender, ethnicity etc, declaring each citizen entitled to equal protection under law as per Article 25. More importantly, Article 25(3) puts special emphasis on the need for protection in regards to women and children, to shield their dignity and innocence from heinous crimes such as sexual abuse, a consequence of child marriage.
Although the Constitution does not explicitly address child marriage, Article 11 mandates the state to protect children from all forms of slavery, labour, abuse and exploitation, including those associated with child marriage. Child marriage often involves forced labor, as young brides are frequently subjected to domestic servitude and other forms of exploitation within their marital homes. Article 11 addreses these practices and empowers the state to enact legislation and policies that safeguard children’s rights and well-being, ensuring that they are not subjected to forced labor or other forms of exploitation associated with 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.
Section 5 mandates the registration of all marriages with the Union Council through a Nikah Registrar, establishing a formal record and ensuring transparency. This requirement serves as a mechanism to identify and prevent child marriages, as the registration process allows for verification of the ages of the parties involved. Section 5(4) imposes a penalty of up to three months imprisonment or a fine of one thousand rupees for failure to register a marriage. This provision acts as a deterrent against non-compliance, particularly in cases of child marriages, where the legal consequences of unregistered unions are more severe. By establishing both a formal registration requirement and a penalty for non-compliance, the ordinance seeks to promote compliance with child marriage laws, ensuring that children are protected from the harmful consequences of early marriage and that their rights and interests are upheld.
Pakistan Family Courts Act, 1964
The Pakistan Family Courts Act, 1964 established specialized family courts in Pakistan to adjudicate domestic matters, including marriage and divorce. Under this legal framework, a female seeking to dissolve her marriage must petition the family court for a decree of Khula (a form of divorce initiated by the wife with the consent of the husband or by offering compensation) or on the grounds of the “Option of Puberty” as outlined in the Dissolution of Muslim Marriages Act of 1939 (allowing a woman married before puberty to repudiate the marriage upon reaching maturity). Significantly, the Family Courts Act grants these courts the jurisdiction to declare a marriage legally invalid if it is determined that one of the parties was a minor at the time of the marriage.
Furthermore, a notable amendment occurred in Punjab in March 2015 with the enactment of the Punjab Family Courts (Amendment) Act 2015. This amendment conferred exclusive authority upon the Family Courts in Punjab to conduct trials for offenses specifically related to child marriages. In contrast, in the other provinces of Pakistan, such cases concerning child marriage offenses continue to be tried within the jurisdiction of magisterial courts.
Federal and Provincial Level
The following section outlines the Federal and Provincial legislative frameworks governing Child Marriage in Pakistan.
Province | Legislation combating CM | Reference to Law | Explanation |
Islamabad Capital Territory | Section 4 | A male adult above 18 years of age who marries a child under 16 years of age is punishable with up to one month of simple imprisonment, a fine of up to one thousand rupees, or both. | |
Section 5 | Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it. | ||
Section 6 | Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment. | ||
Punjab | Section 4 | Criminalizes unions involving minors; a male under 18 years of age or a female under 16 years of age, by imposing penalties of up to six months imprisonment and a fifty thousand rupee fine on the adult party. | |
Section 5 | Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it. | ||
Section 6 | Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment. | ||
Sindh | Section 3 | Criminalizes adult male perpetrators, aged 18 or above, who contract marriage with a female minor under the age of 18, by imposing penalties of imprisonment for 2-3 years and a fine. | |
Section 4 | Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it. | ||
Section 5 | Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself. | ||
Khyber Pakhtunkhwa | Section 4 | Criminalizes adult male perpetrators, aged 18 or above, who contract marriage with a female minor under the age of 16, by imposing penalties of imprisonment for 1 month and/or a fine. | |
Section 5 | Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it. | ||
Section 6 | Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment. | ||
Balochistan | Section 4 | Criminalizes adult male perpetrators, aged 18 or above, who contract marriage with a female minor under the age of 16, by imposing penalties of imprisonment for 1 month and/or a fine. | |
Section 5 | Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it. | ||
Section 6 | Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment. |
Non- Muslim Personal Laws
The following section outlines the Non-Muslim Personal Laws applicable on Federal/Provincial level governing Child Marriage in Pakistan.
Province | Legislation combating CM | Reference to Law | Explanation |
All provinces and ICT | Section 60 | Requires both Cristian parties to be of; (a) minimum age of eighteen, (b) without a living spouse, (c) in the presence of two credible witnesses. | |
All provinces and ICT | Section 3 | Requires both Parsi parties to be; (a) outside of prohibited relationships, (b) with parental/guardian consent if below the age of twenty-one, and (c) in-compliance with “Ashirvad” ceremony (priest and two Parsi witnesses). | |
Islamabad Capital Territory, Punjab, Khyber Pakhtunkhwa, and Balochistan | Section 4 | Requires both Hindu parties to be of; (a) sound mind for valid consent, (b) minimum age of eighteen, (c) outside prohibited relationships, and (d) without a living spouse (with an exception for a female spouse declared medically infertile). | |
Section 6 | Mandates registration within fifteen days of solemnization of a Hindu marriage. | ||
Section 21 | Criminalizes a violation of marriage conditions under Section 4(b) or (c) by imposing penalties of 3-6 months imprisonment, or a fine up to Rs 5000, or both. | ||
Sindh | Section 4 | Requires both Hindu parties to be of; (a) minimum age of eighteen, (b) able to give consent, (c) give free consent, (d) outside prohibited relationships, (e) without a living spouse (with an exception for a female spouse declared medically infertile), and (f) in the presence of at least two witnesses at the time of solemnization and registration of the hindu marriage. | |
Section 6 | Mandates registration within forty five days of solemnization of a Hindu marriage. | ||
Section 9 and 10 | Declares a hindu marriage void which violates Section 4 (a), (c), or (d) clause. | ||
Section 20 | Criminalizes (1) any violation of the Act by imposing penalties of 3 months imprisonment, or a fine up to Rs 1000, or both, and (2) providing false information during marriage registration, with reasonable belief of its invalidity, by imposing penalties of 6 months imprisonment, or a fine up to Rs 100,000, or both. | ||
Punjab | Section 3 | Requires both Sikh parties to be of; (a) sound mind and not below the age of eighteen years; (b) give their free and full consent; and (c) outside prohibited relationships. | |
Section 5 | Mandates statutory registration through licensed Anand Karaj Registrars who will authorize and issue marriage certificates upon submission of a completed form within 30 days. Non-compliance prescribes a penalty of up to Rs 10,000. |
Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2.