Marriage under age of 18 years is offence: draft bill

LAHORE: The Punjab government has prepared a draft of Punjab Child Marriage Restraint Act, 2024 to prevent marriages under the age of 18.

According to the documents available, a person who marries a girl or a boy under age of 18 years or arranges such a marriage shall be punished with rigorous imprisonment for a minimum of two years and maximum of three years with a fine of minimum rupees one lakh and a maximum two lakh. Anyone who registers the marriage of minor children shall also be punished with imprisonment for a term not less than two years and not more than three years, and a fine not less than rupees one lakh and not more than rupees two lakh.

Parents or guardians who facilitate, support or permit marriage of minor children shall be punished with rigorous imprisonment for a minimum of two years and a maximum of three years, while a fine not less than rupees one lakh or not more than rupees two lakh will be imposed. According to the draft, complainants of child marriage can be parents or guardians of these children, neighbours, community members, teachers, members of local bodies, social workers, friends, imams of mosques, Nikah Khawan and Nikah Registrars.

The trial of persons accused of child marriage shall be conducted by the courts constituted under Section 3 of the Family Court Act, 1964 under the powers conferred by Section 20.

At the time of marriage registration under the said Act, Nikah Khawan, Secretary Union Council and Marriage Registrar will check the computerised identity card of the girl or boy, passport, educational certificate or other documents proving both of them are 18 years of age.

Attested copies of computerised identity card, passport, educational certificates and other age proof documents must be attached along with marriage certificate. Violation of law or omission shall constitute an offense punishable under Section 6 of Punjab Child Marriage Restraint Act, 2024. In case of any dispute regarding determination of age of any of the parties to marriage, the court shall determine the age on the basis of birth certificate, educational certificate or other necessary documents after hearing the case. In the absence of above documents, the age of both the parties will be determined through medical examination report. Under this Act, as soon as the case of child marriage is reported, the police and the courts will take notice of it, and the court can try the case even before the marriage takes place. Under the Code of Criminal Procedure 1898, the Family Court will have powers of Judicial Magistrate of First Class. Violation of the Act will be subject to arrest by the police and an irrevocable warrant. Those convicted by the Family Courts for violating this Act may appeal to the Sessions Courts.