child marriage law

Understanding Child Marriage Laws in Pakistan

Child marriage is a serious issue in Pakistan, where young girls are often forced into marriage at a very early age. Although Pakistan has laws in place to Fight child abuse marriage, the practice still exists, especially in rural areas. As a family lawyer in Lahore, I am dedicated to clarifying the legal aspects surrounding child marriage and helping individuals understand the rights and protections provided by law.This blog will explain the current laws regarding child marriage in Pakistan, the consequences of violating these laws, and how you can protect yourself or others from early marriage.

What is Child Marriage?

A child marriage is a marriage where at least one of the parties is under the legal age of marriage, which is 18 years old in Pakistan. The majority of child marriages involve young girls who are married before they are physically, mentally, or emotionally ready for such a commitment. These marriages often lead to health problems, emotional distress, and the loss of childhood for young girls.

Legal Age for Marriage in Pakistan

According to Pakistani law, the legal minimum age for marriage is 16 years for girls and 18 years for boys. However, child marriage typically refers to the practice of marrying someone younger than the legal age.

Against the law, child marriage continues to happen in Pakistan, especially in rural and under served areas. In 2014, Pakistan passed the Child Marriage Restraint Act to address this problem, but enforcement and implementation remain challenging.

Child Marriage Restraint Act 1929 (CMRA)

The Child Marriage Restraint Act of 1929 is the primary law that governs child marriage in Pakistan. The Act specifies the following:

Minimum age for marriage: It sets the legal age for girls at 16 and boys at 18.

Punishment for child marriage: If a marriage takes place before the legal age, the law allows for punishment. This includes Lockup and a fine for anyone who facilitates or conducts a child marriage.

Impact of Child Marriage on Health and Society

Child marriage has Serious effects, especially on young girls. These impacts include:

1. Health Risks for Young Brides

Young girls who marry before reaching physical maturity are at higher risk of complications during pregnancy and childbirth. These risks include early pregnancy, miscarriage, and  Death during childbirth. Furthermore, child brides may experience mental health issues due to the pressure and trauma associated with early marriage.

2. Lack of access to education

Girls who are married early often have to leave school to perform marriage duties. This leads to a lack of education, limiting their future opportunities and continuing the patterns of poverty and inequality. With the rise of online court marriages, these early marriages are becoming more accessible, further trapping young girls in cycles of limited opportunities and reinforcing societal inequalities.

3. Higher risk of abuse

Child brides are often exposed to domestic violence, sexual abuse, and Mental suffering. They may not have the emotional maturity or support systems to deal with these challenges.

How Does the Law Address Child Marriage in Pakistan?

The Child Marriage Restraint Act (CMRA) allows for various legal actions to prevent child marriages:

1. Legal Protection Against Child Marriage

If a child marriage is discovered, both the bride and groom’s families can face legal Results. The parents or guardians who give their Permission to a child marriage can be fined or Locked up. The marriage contract itself can also be Canceled if it is proven to be unlawful.

2. Role of the Police

The police have the authority to stop a child marriage from taking place. If a child marriage is about to happen, the police can Interfere and avoid it.

3. Role of the Courts

In cases where a child marriage has already occurred, the courts can annul the marriage, order the protection of the minor, and Assign penalties on the responsible parties.

4. Protection for the Victim

A child who is forced into marriage can seek protection from the courts and the authorities. The victim has the right to ask for the marriage to be declared invalid.

Steps to Take if You Are a Victim of Child Marriage

If you or someone you know is facing the threat of child marriage, it is important to know the steps you can take to protect yourself:

1. Report to the Police

If a child marriage is about to take place, report it immediately to the police. The authorities can intervene and prevent the marriage from happening.

2. Seek Legal Help

A family lawyer can guide you through the process of seeking protection from the court. A lawyer can help you file a petition to annul the marriage and ensure that the law protects your rights.

3. Support from NGOs

Several non-governmental organizations (NGOs) in Pakistan work to Stop child marriage. They can provide counseling, legal aid, and other forms of support to victims of child marriage.

Child Marriage and Islamic Law

Islamic law allows marriage but Points out the maturity and readiness of individuals. According to Islamic law, marriage should be based on mutual consent and the ability to bear the responsibilities of marriage. In Pakistan, Islamic law is used alongside civil law in family matters, and the practice of child marriage is discouraged.

Conclusion

Child marriage is a significant issue in Pakistan, but the law provides tools to prevent it and protect victims. If you or someone you know is facing the threat of child marriage, it is important to act quickly and seek help from the authorities and legal professionals. As a family lawyer in Lahore, I am here to offer assistance and ensure that your rights are protected.