Criminalising Child Marriage

Author: Sara Malkani
3 mins read

CHILD marriage persists in Pakistan for many reasons, and ending the practice requires measures that are sensitive to the problem’s complexity. Debates on child marriage tend to reduce this complexity to two opposing legal positions. Proponents of gender equality and child welfare support higher minimum age limits for child marriage and harsher criminal penalties. Religious parties and lobbies, on the other hand, claim that lower minimum age limits are consistent with Islamic law.

Discussion on the recently enacted Islamabad Capital Territory Child Marriage Restraint Act goes back and forth between these two positions. Investigation into the specific merits of the proposed law reform and its likely impact is lost in the polarised debate.

High rates of child marriage are both a cause and an effect of gender inequality, child neglect or abuse. While proponents of stringent criminal laws are right to acknowledge the harm of child marriage, they fail to answer, or even consider, whether a law that raises the minimum age of marriage and imposes harsher penalties will effectively address this harm.

Islamabad’s law raises the minimum age of marriage of girls from 16 to 18 years. The new law also increases criminal penalties for parents who arrange a child marriage, nikah registrars who register a child marriage, and adult males who enter into marriages with girls. Sindh and Islamabad are now the only two regions in Pakistan with uniform minimum ages of marriage for boys and girls. Sindh’s law, passed in 2013, also raised the minimum age of marriage for girls and imposed harsher penalties.

An aspect of child marriage, ignored by the law and policymakers, is self-arranged marriages by adolescents.

So far, the law in Sindh has failed. A study conducted by the UNFPA and Population Council reported an overall increase in girl child marriages in Sindh between 2014 and 2019: girl child marriages under 15 increased by 1.5 percent and girl marriages under 18 increased by 2.2pc.

Very few cases have led to convictions. In response to an information request, Sindh Police disclosed that from 2018-2024, 30 convictions under the child marriage law were recorded out of 272 FIRs. Of these, 23 were in the Hyderabad division. In the large divisions of Karachi and Sukkur, no convictions were recorded during the five-year period.

If the Sindh law has so far failed to curb child marriage, why should we expect the law’s impact in Islamabad to be any different? If we are serious about implementing the new law, shouldn’t we try to understand the reasons behind the law’s failure in Sindh?

The persistence of child marriage is partially explained by inaccessibility, inefficiencies and corruption in law enforcement. Another factor, completely ignored by the law and policymakers, is self-arranged marriages by adolescents. Child marriage data does not distinguish between marriages forced by family members and those arranged by young people themselves, but a large number of cases coming to courts and reported in the media involve young people who choose to marry.

While overall law enforcement is poor, evidence suggests that the criminal law is invoked more effectively to target such cases. Until recently, courts in Karachi would send married girls apprehended by the police to the Panah shelter home. When I visited the facility in 2023, staff reported that all married girls sent to Panah through court orders had run away from home to marry their partners and refused to return to their parents after being found by the police. None of the girls referred to Panah were rescued from a marriage arranged by parents or community members.

These cases suggest that law enforcement sometimes successfully recovers girls who run away from parents but fails miserably when it comes to preventing and punishing child marriages forced by family members.

No one seems to want to understand why girls run away from home to marry. I have spoken to girls at Panah and talked to many girls who come to court after their parents initiate criminal proceedings against their partners. Some patterns emerge. The girls typically belong to working-class backgrounds. If they ever went to school, their parents have taken them out by the time they reached their teens, and they spent their days doing domestic work. Most of them run away from home after their parents arrange their marriage to someone they do not want to marry, usually a cousin or other relative.

Some girls shared very disturbing accounts of the abuse they face in their parents’ home. Their only escape, in a patriarchal society that promotes male dependency, was to escape their home with a man. Welfare mechanisms of the state were unable to protect these girls from this abuse. When it came to rescuing the parents’ ‘honour’, the state was quick to react by recovering the girl and arresting the man she ran away with.

It is tragic that, for many girls in Pakistan, elopement and marriage are the only alternative to escape. But any reform measure that seeks to deter and punish this alternative without addressing its underlying cause will fail to promote child welfare. In fact, it will make the girls and young men they elope with more vulnerable to family violence and incarceration.

The possibility that girls may be groomed and exploited by their male partners should be taken very seriously. Protecting against this possibility would require an inquiry into the circumstances around the elopement and marriage. This would involve providing counselling and a safe environment to girls, and trust building within families and communities to enable frank communication.

A law focused on criminal penalties will not accomplish this. Policy measures that promote child education and health, and social reform efforts that challenge patriarchal mindsets are far more likely to address the complex drivers of child marriage. We cannot criminalise our way out of this problem.

Published in Dawn, June 6th, 2025

Previous Story

Teenage Tiktoker’s Murder Suspect Sent On 14-day Judicial Remand

Next Story

STOLEN CHILDHOODS, SILENT TEARS

Latest from Blog

Federal Constitutional Court moved for ban on social media use by kids under 16

LAHORE: A petition has been filed before the Federal Constitutional Court (FCC), seeking directions to shield children under 16 from unrestricted social media use and indecent content on television and other platforms. Two lawyers, Sheraz Zaka and Moin Akhtar, filed the petition at the Lahore registry, with the former identifying…

Four Doctors Suspended in Sindh after String of Rabies Deaths within Three Weeks

HYDERABAD: Four doctors, a dispenser, a lady health visitor (LHV) and a midwife have been suspended, while explanation letters have been issued to seven hospital heads — including the medical superintendents of Liaquat University Hospital (LUH), Hyderabad, and Tando Allahyar district hospital, as well as the director of the Shahdadpur…

Vaccination of 100pc Children against Polio in KP still Big Challenge

PESHAWAR: Emergency Operation Centre Khyber Pakhtunkhwa has planned to accord priority to high-risk districts in the upcoming nationwide polio vaccination campaign due to consistent emergence of positive environmental samples from Peshawar which is frequented by people from those areas. Some districts bordering Peshawar may not have polio cases or positive…

Dengue Cases in Pakistan Rose by Over 3,000pc in 11 Years: Study

• Sindh saw highest disease burden in 2022, AKU research finds • Cases grew from 100,000 in 2012 to 3.28m in 2022 • Lead author Dr Zarmeen says dengue is no longer just a seasonal threat KARACHI: Pakistan saw over 3,000 per cent increase in dengue cases from 2012 to…

Teen Gang-raped on Pretext of TikTok account Promotion in Sahiwal

SAHIWAL: A 16-year-old TikToker boy was allegedly gang-raped by four men after being forced to consume drug at Chak 90/9-L, tehsil Sahiwal. According to police, the victim had lost his father years ago and was living with his widowed mother. Fond of using his mobile phone, he regularly uploaded videos…
Go toTop