Pakistan – National Strategy to End Early/Forced & Child Marriages

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E-26- Muslim Town, Officers Colony, Link Shabo Road Tajjak Abad Quetta, Baluchistan Pakistan

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Email: yadlri@yahoo.com,

Website: www.yad-pk.org

Table of Contents

Cover Page                                                                                                                              1

Table of Content                                                                                                                     2

Acronym                                                                                                                                 3

About: YAD                                                                                                                           4

Pakistan Profile                                                                                                                       5

Population                                                                                                                               5

Child Marriages                                                                                                                      6

Poverty                                                                                                                                    6

Conflicts and emergencies                                                                                                      6

Gender inequality and cultural norms                                                                                     6

Map                                                                                                                                         7

Ranking of Countries by Child Marriage                                                                               8

Child Marriage in Pakistani Context                                                                                      9

Child marriages in non-Muslims in Pakistan                                                                         9

Trafficking and child marriages                                                                                              10

Child Marriage Restraint Act, 1929                                                                                       10

Punjab Child Marriage Restraint (Amendment) Act 2015                                                     11

Muslim Family Law                                                                                                               11

Sindh Province Child Marriage Restrain Act, 1929                                                               11/12

KPK Province Child Marriage Restraint Act, 1929                                                               12/13

Baluchistan Province Child Marriage Restraint Act, 1929                                                    13

Azad Jammu and Kashmir Child Marriage Restraint Act, 1929                                            13/14

Proposed Legal Reforms in Punjab CMR (Amendment) Act 2015                                       14

Proposed Legal Reforms in Sindh CMR Act 14                                                                    14

Proposed Legal Reforms in KPK Cm R Act, 1929 14                                                           14

Proposed Legal Reforms in Baluchistan CMR, 1929                                                            15

Proposed Legal Reforms in AJK CMR Act, 1929                                                                 15

Best Practice                                                                                                                           15/16

Principles And Value Statement Law enforcement                                                               16/18

Access to quality education and other opportunities                                                              18

Changing mind-sets and social norms                                                                                    19

Empowerment of adolescents                                                                                                 20

Developing Monitor able Indicators                                                                                       20

Islamic Point View                                                                                                                 21

Strengthen birth registration system as a first step to enforcing laws                                                22

Formation of National Action Plan to end Early/Forced and Child marriages                      23

Role of Civil Society, stakeholders and Media in Pakistan                                                    23

Sustainable Development Goal (SDGs) and Child Marriages                                              24

YAD,s Social Media Sites                                                                                                      24

Acronyms

ADB                           Asian Development Bank

CEDAW                     Convention to End all Forms of Discrimination Against Women

CIDA                          Canadian International Development Agency

FATA                          Federally Administered Tribal Areas

GBV                            Gender-Based Violence

YAD                           Youth Association for Development

GDI                             Gender Development Index

GEM                           Gender Empowerment Measure

GEP                             Gender Equity Program

GII                              Gender Inequality Index

IDP                             Internally Displaced Person

INGAD                                   United Nations Interagency Gender and Development Group

MDG                           Millennium Development Goal

MoHR                         Ministry of Human Rights

MoWD                        Ministry of Women Development

NCSW                         National Commission on the Status of Women

NPA                            National Plan of Action

PAGE                          Program for the Advancement of Gender Equality

UN                              United Nations

UNDP                         United Nations Development Program

UNFPA                       United Nations Population Fund

UNHCR                      United Nations High Commissioner for Refugees

USAID                        United States Agency for International Development

VAW                           Violence against Women

PAGW                        Positive Action for Girls and Women

Declaration:

Youth Association for Development (YAD) Baluchistan Pakistan is implementing project End Early/Forced Marriages in Baluchistan Pakistan. This project is funded by ViiV Health Care (UK) Under Positive Action for Girls and Women (PAGW) Funding Window.

Project Summary:

Tackling, reducing and ending early/child and forced marriages in Baluchistan Pakistan through involvement and engagement of caretakers,  gatekeepers, INGOs youth, girls, boys, parents, teachers, political/ religious persons, community elders, marriage registrars, govt. officials elected representatives, legislatures, community, media, civil society, Nikahkhawains,  and parliamentarians. Young girls and boys will directly benefit from the project through proper legislations for ending early/child and forced marriages, girls are not brides and boys are not grooms. All the stakeholders and beneficiaries will also be kept in loop for the broader impact of the intervention. The project interventions are awareness raisings, mobilizations, sensitizations, capacity buildings, policy level advocacy, legislations, collaboration and liaison development, action based networks, active participation, development strategies, consultations, uplifting voices for the prevention, referral and rehabilitation of the victims of early marriages, institutionalization of reporting and referral mechanisms to respond effectively for the prevention, referral and rehabilitation of the victims of early marriages.

YAD is able to formulate Pakistan National Strategy to End Early/Forced and Child Marriages in Pakistan, Youth Association for Development (YAD) Pakistan is thankful to ViiV Health Care (UK) PAGW for their collaboration, partnership, funding, patronage, facilitation and guidance

About YAD:

The Youth Association for Development (YAD) is a youth lead, peace building  civil society initiative based in Baluchistan and whose roots lies with a core of volunteers in different districts of Pakistan. YAD is human rights based approach with a multi sector development organization working on participatory development approach to bring long term change & sustainable development in the society.

The idea of a civil society organization evolved in 2002, when a group of likeminded people  working in the social, political, human rights and development sector in Baluchistan and having enough international exposure and experience, got together and initiated the dialogue among themselves on issues of humanism, peace, democracy, human rights, right to information, transparency, accountability, environment, water, sanitation, hygiene,  health, education & other social issues  in the province and country; The group concluded the need for an organization which can address the above mentioned issues through a holistic approach; promote the value of peace and basic human rights; address democratic and governance issues; conduct research and analysis; initiate dialogues among different segments of society; take steps toward a peaceful, tolerant, and democratic society, conservation of environment & natural resources management, sanitation improvement & hygiene education, working for IWRM and provide an enabling environment to civil society of Baluchistan.

Pakistan’s Profile

Pakistan gained independence on August 14, 1947, following the partition of India by the colonial power, Britain. Pakistan was divided into two parts, namely East Pakistan and West Pakistan. In 1971, East Pakistan separated from West Pakistan and became an independent state of Bangladesh. Pakistan is divided into four provinces; Punjab, Sindh, Baluchistan, and Khyber Pakhtunkhwa, with its capital in Islamabad. Federally Administrated Tribal Areas, adjoining Khyber Pakhtunkhwa, is managed by the Federal Government. Azad Jammu and Kashmir, and Gilgit Baltistan have their own respective political and administrative machinery, yet certain subjects are under the Federal Government through the Ministry of Kashmir Affairs and Gilgit Baltistan. The provinces are governed by their respective provincial governments.

Population:

Pakistan is the sixth most populous country in the world and second largest Muslim country with a projected population of 188 million in 2014 (1). Between 1950 and 2014, Pakistan’s urban population has expanded sevenfold, while the total population increased by over fourfold. The population growth rate now stands at 1.95 per cent (2) which is higher than average growth rate of South Asian countries (3). Pakistan has a multicultural and multi‐ethnic society, and hosts some 1.6 million registered Afghans, the largest refugee population in the world (4). The population of children in Pakistan in 2014 was estimated at 91.66 million, based on the Population Census of 1998, which estimated children’s population under 18 years at 48.75 per cent.

According to the Economic Survey of Pakistan 2012-13, Pakistan is the sixth populous country in the world having an estimated 184.35 million people with 2 percent growth rate. By 2050

Pakistan will become the fifth populated country if it continued with the same pace of growth rate. Of this about 48 percent are estimated to children. A big number of these children mainly girls are married in their innocent age even 7 years old. In 2001, estimated 37 percent women were reported to married below 18 years of age,[1] the percentage is still feared to be the same after 12 years of the lapse.

Prevalence/Statistics: In 2012, 75 cases of child marriage were reported by different media agencies; of these total cases, 43 per cent children were from 11 to 15 years old and 32 per cent from the age group 6 to 10 years of age.[2] In 2008-2009, 24228 children of age group 10-14 were reported married and 1029784 children of age group 15-19 were reported married.[3] The number of children married in their minor ages is in millions but are not monitored and reported.[4] The Pakistan Demographic and Health Survey (2006-07) mentions in its section on teenage fertility that almost half of the girls of 15 to 18 years of age were already pregnant or had a baby to take care of.[5] The exact numbers of child or early marriages are not available due to lack of proper documentation and data collection. After 1998, Pakistan has not conducted population census which could help to understand the figures and ages of marriages.

Child Marriages

Every year, millions of girls around the world become brides before the age of 18. It is also known as early forced marriage.

Girls who are required to enter into marriage at an early age are at greater risk of domestic violence and abuse. They are less likely to be able to escape poverty. Those having children too young have a significantly increased risk of health complications, death in childbirth and infant mortality.

Poverty

Child marriage is prevalent in communities where poverty is widespread, birth and death rates are high and access to education and healthcare is low. It can be seen as a strategy for short-term financial security, often taking place in exchange for goods or resources that support the survival of other family members. Girls from the poorest households are at greatest risk of becoming child brides.

Conflicts and Emergencies

Natural disasters and armed conflict increase the chance of sexual violence against women and girls and can plunge families deeper into poverty. This makes girls more vulnerable to early forced marriage as parents perceive marriage as a means to protect and provide for their daughters

Gender inequality and Cultural Norms

In some cultures, child marriage for girls is common. This supports discrimination and the abuse of girls and women, treating them as commodities that can be traded for cash, goods or status. The expectation that a girl’s future lies with marriage and motherhood limits opportunities and can lead to the risk of serious abuses. In Niger, 77% of women aged 20 to 49 were married before the age of 18 compared to 2% of men.

Note: The ratio of early/forced and child marriages in Pakistan is very high but it is not reporting properly and timely due to several reasons and circumstance.

Child Marriage in Pakistani Context:

Child marriage is not only a violation of a girl’s rights; it also seriously compromises efforts to reduce gender based violence, advance education, overcome poverty and improve health indicators for girls and women. Child brides in Pakistan are often forced into early sexual activity and therefore early childbearing. Because their bodies are not yet fully developed, these young adolescents are at risk of suffering life-threatening or debilitating conditions as a result of childbirth like obstetric fistula and hemorrhaging, or even death. Also, girls are more vulnerable to contracting life-threatening diseases as they are often given away in marriage to much older men who have an elevated chance of being HIV positive or having other sexually-transmitted infections because of prior sexual experience. When a girl is pulled from school and forced to marry young, her personal development is stunted. She is left with few – if any – negotiation skills and therefore has limited decision-making power in her new household. Often uneducated and unskilled, many child brides are completely dependent on their husbands and in-laws to survive. Girls are often not yet mature or skilled enough to properly perform household tasks or care for their husbands and children. In spite of some legislative changes in Sindh and Punjab, child marriage in Pakistan remains a big challenge. A dangerous combination of entrenched poverty and cultural norms that are deeply rooted in patriarchal tradition continue to fuel the harmful practice, as a result, customary law and economic need of trump current national policies and legislation. Despite best efforts, girls continue to be pulled out of school and forced into marriage. With the marriage, a girl’s childhood abruptly ends, her health and future prospects immediately fall in jeopardy, and large numbers of girls in Pakistan are at the risk of being forced to wed as part of deeply entrenched practice that significantly impedes progress on human rights, education, health and economic development. The rights of women and girls, including freedom from child marriage have generated emotionally and charged and debates of law reform all over Pakistan in the last decade. Such debates oen focus on personal

Opinions & experiences, or on the varied interpretations of religious teachings on marriage or cultural and societal issues through this brochure we are glad to share with you some strategies which can be possibly be used to delay or prevent child marriages and it provides recommendations, actions for needed reform at community and policy level. More effective policies, programs and actions will not only help reduce child marriage prevalence; it will also help in the fight against poverty and increase the pace of development in Pakistan. We anticipate that this publication will help kick-start strategies for reducing the prevalence of child marriage, tailored to the unique context and needs of each community and pave the way for more just society in which boys and girls enjoy equal rights, freedoms and opportunities to grow into productive and healthy adults.

Child marriages in non-Muslims in Pakistan

There is no regulatory framework to deal with overall marriages and mainly the issue of child marriages amongst the non-Muslim minorities in Pakistan. All religious minority groups perform and register marriages according to their religious practices, and no consideration is given to the age of children. In 2011 and 2012, the previous federal government was pushing coalition partners for the enactment of the Hindu Marriage Bill 2011 which provided for the prohibition marriage of non-Muslim girls and boys below 18 years of age, it is dire need to formulate the policies of non-Muslims forced marriages registration act, to protect non-Muslims forced religion and forced marriages keeping in mind early/child marriages

Trafficking and child marriages:

“Internal trafficking of children is pervasive as the children are sold by their parents or forced into marriage, forced labour, sexual exploitation or domestic servitude”[6] but internal trafficking is not covered the law expect in Sindh province. The Sindh Child Protection Authority Act 2012 prohibits human trafficking within and outside Pakistan

CHILD MARRIAGE RESTRAINT ACT, 1929

The Law governing Child Marriages in Baluchistan is the Child Marriage Restraint Act, 1929 which stipulates the minimum lawful age of marriage for boys 18 years and for girls 16 years. The law states that a male person above the age of 18 contracting a child marriage shall be liable to imprisonment up to a maximum period of one month and or with a fine up to Rs. 1000. The law provides punishment for the male parents or guardian of the child. Furthermore, whoever performs, conduct or directs a child marriage can also be punished with simple imprisonment extending up to one month, or fine extending up to Rs.1000 or both, unless he proves that he had reason to believe that the marriage was not a child marriage. Given that child marriage are widely prevalent across the country even though these laws exist, The CEDAW committee recommended increasing penalties for the offences prescribed under the CRM,1929.

Due to the harsh consequences on health and education of girls, child marriages are a violation to the fundamental right to life, dignity, security and education, guaranteed to all men and women without discrimination, under the constitution of Islamic Republic of Pakistan. The rights mentioned are also protected by Pakistan’s international human rights obligation under the convention on the Elimination of all forms of Discrimination against Women (CEDAW) and the Convention of the Rights of Child (CRC). In this regard, child marriage needs to be addressed effectively in order to achieve Pakistan’s international obligation of taking measures that ensure compliance with Family Planning -2020, and achievement of Sustainable Development Goals (SDGs), including gender equality through elimination of harmful practices such as child marriage, reduced maternal mortality and morbidity rates. For the goal 5 (gender equality) and improved maternal mortality ratio and rates, infant, neonatal and under 5 mortality rates for goal 3 (good health).                                                                                                                              

The weak point of the law is, it says that “No Court shall take cognizance of any offense under this Act, except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe and such cognizance shall in no case be taken after the expiry of one year from the date on which the offense is alleged to have been committed” (Section 9). This section stops the police to take action against the violators of the law.

For violating the Act, the offender will be fined of Rs 1000 (US $ 10), or one month imprisonment. Furthermore, if a marriage involving young children takes place, the adults who agreed to the marriage and arranged it are punished, but the marriage does not stand dissolved. As usual, the implementation of this law is non-existent.

Therefore, it is very important for the state to take corrective measures. The legislators need to bring amendments to the law making the punishment stricter. The monitoring and implementation of the law should be mandatory, while the law should be publicized properly so that everyone in the country knows about it.

PUNJAB CHILD MARRIAGE RESTRANINT (Amendment) ACT 2015

In March 2015, The Punjab Assembly enacted the Punjab Child Marriage Restraint (Amendment) Act, 2015 which amends the original Child Marriage Restraint Act by introducing harsher punishment (of a maximum of six months of imprisonment and fines of up to50, 000 rupees) for parties contracting and /or solemnizing child marriage. While the amending law stipulates harsher punishment for parents and /or guardian of the minor who is married, the act retains the minimum age of marriage of 16 years for girls and 18 years for boys. While this legislation is a step toward bette

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