Recognising Child Marriage

1 min read

A sessions court in Karachi last week found an adult, who had married a minor, guilty under the Sindh Child Marriage Restraint Act 2013, sentencing him to two years in prison alongside a Rs25,000 fine. The court, however, declared that convictions under the Act do not nullify the validity of a nikkah involving a minor. In Sindh, the minimum legal age for marriage for both males and females is 18. This means that while an adult can be prosecuted for marrying a minor, the marriage itself remains valid.

This legal inconsistency has previously been questioned by the Islamabad High Court, which found it nonsensical to recognise a child marriage as a valid contract. It argued that since the marriage with an underage child constitutes an illegal criminal offence — statutory rape under the Pakistan Penal Code — the contract should be void. Consequently, the Islamabad Capital Territory Child Marriage Restraint Bill 2025 prohibits cohabitation resulting from a child marriage.

While a criminal court only extends its jurisdiction to criminal offences, and the right to recognise or nullify a marriage rests with family courts, this ruling fails to recognise legal inconsistencies between criminalisation and continued legal recognition. Criminal punishment then risks becoming symbolic, avoiding a conclusive legal position on whether the state supports marriage under 18. Nor does the ruling meaningfully guide family courts on assessing a nikah’s validity following a conviction.

Legal inconsistencies are wrought in the country’s legal framework, as the minimum legal age for marriage is not uniform across different provinces. Balochistan and K-P recognise 18 as the minimum age for males and 16 for females, while the rest of the country recognises 18 for both sexes. Legal rulings surrounding child marriage are desperately in need of clarity that ultimately protects the well-being of children and reduces harm to minors.

Editorial Published in Express Tribune on January 6, 2025.

Previous Story

APNA Maternal and Child Health Clinic inaugurated

Next Story

Five held for Gang-rape, Torture of Teen Girl

Latest from Blog

Addressing Menstruation Taboos Among Adolescent Girls

In Pakistan, like many countries across the globe, menstruation is perceived as a shameful and private matter that is not meant to be discussed openly. Due to this culture of shame and secrecy, adolescent girls in Pakistan often lack accurate knowledge and awareness regarding menstruation. According to Shah et al.…

Child Protection Services for Children on the Move in Pakistan

This policy brief focuses on the child protection needs and lived experiences of migrant and forcibly displaced children in Pakistan. It draws on recent research conducted by UNICEF Pakistan and UNICEF Innocenti – Global Office of Research and Foresight, in collaboration with the National Commission on the Rights of the…

The State of the World’s Children 2025: Ending Child Poverty

The State of the World’s Children 2025 warns that global progress in reducing child poverty is slowing and risks reversal due to conflict, climate shocks, debt pressures and deep cuts in development aid. About 412 million children live in extreme monetary poverty, while 417 million face severe deprivation in basic…

Missing 14-Year-Old Girl Found Murdered in Rawalpindi Park

RAWALPINDI: A 14-year-old girl who went missing from Rawalpindi’s Dhok Hassu area earlier this week was found murdered on Saturday, police said. The sack-packed body of the girl, identified as Misbah, was recovered from Ladies Park on Carriage Factory Road, within the jurisdiction of Ratta Amral police station. According to…

Student Identifies Accused in Alleged Sexual Abuse of Over 100 Children

KARACHI: A matriculation student has identified the main accused in a case involving the alleged sexual abuse of more than 100 children during an identification parade held before a judicial magistrate in Karachi, police said. The identification parade was conducted on Saturday in the court of the Judicial Magistrate South,…
Go toTop