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Thursday March 28, 2024

Nikah Khawan, guardian to face six-month jail in Punjab

Child marriage

By our correspondents
March 07, 2015
LAHORE: The Punjab Assembly on Friday increased the punishments for the guardian and Nikah Khawan for contracting marriage of a juvenile by successfully passing amendments to the Child Marriage Act 1927.
The existing punishment for any person concerned with a child marriage under the Child Marriage Restraint Act is up to one month or fine up to Rs1,000 or both. The punishment as per the amendment has been enhanced up to six months with a fine of Rs50,000.
Moreover, punishment for the Nikah registrar who solemnizes a child marriage has also been enhanced. An offence under the Act shall be tried summarily on complaint of the union council or any other person prescribed by the government.
The Punjab Assembly on Friday set some kind of a record of hasty legislation, passing 11 bills within 45 minutes, in the absence of the opposition members. The opposition MPs had walked out of the House in protest against the tabling of five bills (out of total 11) on an emergency basis, without bringing into the notice of the opposition and without approval of the respective standing committees.
Among the five bills that came for legislation without notice, three were directly related to the provision and enhancing of the rights of women regarding early settlement of divorce and alimony cases, while the remaining two provide them more property rights.
Law Minister Mujtaba Shujaur Rehman, in response to the opposition’s criticism, told the House the bills were tabled to give a message to the international community on the eve of International Women’s Day on international women’s day on March 8 that Punjab cared for and was providing more rights to women.
Deputy Speaker Sardar Sher Ali Gorchani supported the law minister stance that the opposition should allow passage of the bills and their amendments would be incorporated in the legislation at a later stage. But the opposition members, led by Amir Sultan Cheema, Faiza Malik and Khadija Umar, said there had been ample chances with the government to give a message of caring for women to the world community, which the rulers had squandered.
They argued that it would give a message to the world that democracy was being trampled and opposition was being bulldozed.
As the chair allowed beginning the legislation process, Khadija Umar pointed out lack of quorum. The chair ordered ringing of bells for five minutes and at the end declared that now the house was in quorum. While some opposition members kept pointing out that quorum was still incomplete, the deputy speaker ignored their pleas and continued the legislation process. The opposition members kept protesting and later went out of the House.
The remaining six bills were those left over during the previous sittings, and contained amendments from the opposition which the chair ruled that those should be taken as withdrawn in the absence of the opposition from the house.
The bills passed by the house on Friday included Family Courts Act 2015, which amended the Family Courts Act 1964, making the court procedure speedy regarding settlement of divorce and alimony cases.
The amended law requires that the judge of the Family Court should send a notice to the defendant within two days of the filing of the complaint, using courier or electronic means of communications and newspaper advertisements. The Act now requires the defendant to file the written reply on the day mentioned in the notice, give the list of his witnesses and gist of evidence, and in case the written reply was not filed, its next date should not exceed 15 days and in case of failing to reply, the court shall decide the case under the law.
The law requires the judge to ascertain the precise points of controversy and attempt to make them reconcile, but if compromise was not reached, the court shall record evidence. If the reconciliation fails, the court can pass a decree for dissolution of marriage, and in case of Khula, may direct the wife to surrender up to 50 per cent of her deferred dower or up to 25 per cent of her admitted prompt dower to the husband. The husband may be directed to pay the whole or part of the outstanding dower to the wife.
In cases of maintenance (alimony), the court fix the amount in view of the existing circumstances and it shall be increased by at least 10 per cent annually due to inflation or devaluation. If the defendant fails to pay the maintenance by the 14th of each month, the case of defence shall stand struck down.
The Child Marriage Restraint Act, requires a punishment of six months sentence and Rs50,000 fine to the adult who contracts the marriage of a child, who is less that 18 years in case of boy and 16 years in case of girl. The Muslim Family Laws Act requires from the Nikah Registrar to fill all the entries regarding the bride and groom properly otherwise he would be awarded one month sentence and Rs25,000 fine.
Besides, if a father fails to maintain his children, the mother or grandmother could seek remedy from chairman of union council, who shall constitute an arbitration council to fix an amount to be paid by the father.
Punjab Land Revenue Act and Punjab Partition of Immovable Property Act, also provides for security of women’s property rights and distribution of their share in the property.
While other six laws passed included Punjab Maintenance of Public Order (Amendment) Bill 2015, which calls for punishment up to three years sentence and fine of up to Rs300,000 for those supporting, propagating and promoting any terrorist or proscribed organisation, sympathise with them or glorify them, or obstruct law enforcement agencies in their actions against terrorists.
It also requires the organisers of the public meetings to provide the audio/video recordings of the speeches at the meetings within 24 hours to the local police and its failure could lead to six months sentence and Rs25,000 fine. It also bars sale and possession of uniforms of police or any law-enforcement agency without proper licence.
Punjab Sound Systems (Regulation) Bill 2015 prohibits use of sound systems creating loud noise spreading over 10 yards of the place. While mosques are allowed to have only one external sound system strictly used only for Azan, Arabic sermon for Friday and Eid prayers, and announcements about death and lost persons etc. Otherwise, the loudspeaker/amplifier should be seized and offender punished with Rs25,000 fine.
The Punjab Prohibition of Expressing Matters on Walls Bill 2015, requires that offenders of writing provocative matters on the walls should be punished with a fine of Rs25,000.
Besides, the house also passed the Punjab Arms (Amendment) Bills 2015, Punjab Security of Vulnerable Establishments Bill 2015, Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Bill 2015.
Earlier, during the question hour, the house was told that mobile phone jammers had been fixed in 10 jails of the province to prevent use of mobile phones by the prisoners. Minister for Jails Abdul Waheed Arain told a questioner that 198 prisoners were proved positive for HIV Aids virus out of a total 31,341 prisoners tested during the previous year.
Minister for Population Welfare Zakia Shahnawaz admitted when asked by a questioner that population in the province had not been controlled despite all the efforts made in this regard. She also admitted that the government had failed in holding population census after every 10 years as required by the constitution. However, she informed the house that a new department has been created with a fund of Rs3.6 billion and soon the matters would improve. The house was adjourned for Monday at 2pm.