In a major legislative development, the National Assembly of Pakistan has passed a landmark bill criminalizing the marriage of children under the age of 18, marking a decisive step towards the protection of minors and upholding their fundamental rights.
Under the newly approved law, registering the marriage of anyone under 18 is now a punishable offense. The legislation stipulates that Nikah registrars are strictly prohibited from recording underage marriages, and Nikah officiants must ensure the presence of valid computerized national identity cards (CNICs) for both bride and groom before solemnizing the marriage.
Key Provisions and Penalties:
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Absence of CNICs at the time of marriage will result in penalties for the Nikah registrar, officiant, parents, and guardians.
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Offenders may face up to one year in prison, a fine of up to PKR 100,000, or both.
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Marriage to an underage girl by an adult man is explicitly categorized as a criminal act, carrying a minimum sentence of two years and up to three years of rigorous imprisonment, in addition to a fine.
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Any sexual activity resulting from such a marriage will be treated as statutory rape, regardless of the child’s consent or lack thereof.
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Forcing, coercing, or enticing a minor into marriage will also be considered an act of abuse.
The law goes further to criminalize all forms of facilitation:
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Arranging a child marriage will be punishable by five to seven years in prison and a fine of PKR 1 million.
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Employing, sheltering, or taking custody of a child for marriage purposes will result in three years’ imprisonment and a fine.
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Parents and guardians involved in the promotion or facilitation of child marriages will face up to three years of rigorous imprisonment and monetary penalties.
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Forcing a minor to leave their area for the purpose of marriage has been equated with child trafficking, which carries a sentence of five to seven years in prison and additional fines.
Judicial Oversight and Implementation
The legislation grants courts the authority to issue restraining orders to prevent underage marriages and mandates that all such cases be resolved within 90 days to ensure timely justice.
The law will be immediately enforced within the federal capital, with expectations for provincial assemblies to adopt similar measures in the near future.
Child rights activists and legal experts have hailed the move as a progressive milestone, potentially curbing a deeply rooted practice that continues to jeopardize the futures of thousands of children across the country.
