International Human Rights Day being observed today

PESHAWAR: The International Human Rights Day is being observed today at a time when the rights activists have been reporting that 74 percent girls in Khyber Pakhtunkhwa are married off under the age of 16 years.

As per the Human Rights Commission of Pakistan (HRCP) report for 2017-18, 74 percent girls are married in Khyber Pakhtunkhwa before they reach the age of 16.

According to a UNICEF report, 21 percent of girls in Pakistan are married before the age of 18. Pakistan’s Health and Demographic Survey in 2017-2018 reported that 15 percent of girls give birth to their first child when they are aged from 15 to 19 years in KP. This figure is higher than any other province.

To curb child marriages, the Khyber Pakhtunkhwa government has proposed a law to fix 18 years age for a girl’s marriage and bind the nikah registrar to check the national identity card of the bride with the nikah form.

The KP Women Commission on the Status of Women and non-government organizations, particularly the Blue Veins, campaigned for it and now the proposed law has be tabled in the provincial assembly for making it an act.

The proposed “Child Marriage Restraint Amendment Bill” was tabled in the Khyber Pakhtunkhwa Assembly during the previous term of the Pakistan Tehreek-e-Insaf (PTI)-led provincial government, but it could not be passed from the assembly.

The proposed bill states: “Whoever being adult person, above 18 years of age, contracts a child marriage shall be punished with simple imprisonment which may extend to three years but shall not be less than two years and shall also be liable to fine that may extend up to Rs45,000.”

In the previous Child Marriage Restraint Act, 1929, there is one-month maximum punishment and Rs1,000 fine for the violators.

This punishment wasn’t enough to stop the practice of child marriage and the practice continued without any fear. In the proposed law, the offence was made cognizable, non-bailable and non-compoundable.

It was stated in the bill that after promulgation of this Act, it shall be obligatory for the nikah registrar to check the national identity card of both the parties to the marriage and also attach the attested copies of their national identity cards with the form.

In the bill, it was proposed that punishment be awarded to those who perform, conduct, direct, bring about or in any way facilitate child marriage. It proposed that they shall be punished with simple imprisonment and shall also be liable to a fine, unless proved that they had reason to believe that the marriage was not a child marriage.

In the law, three-year sentence and Rs45,000 fine were also proposed for the parent or guardian or any other person in any capacity, lawful or unlawful, who does any act to promote the child marriage or permits it to be solemnised, or fails to prevent it negligently, from being solemnised.

It said that no court other than the court of a judicial magistrate of first class shall take cognizance of or try any offence under this Act.

It said the court may issue an injunction prohibiting such a marriage, unless contrary is proved by the parties to the marriage. The court may, either on its own motion or on an application of any person, rescind or alter any order made under sub-section (1) of the Act.

Under the bill the court may also stay the marriage on the complaint after confirming that the girl is underage till attaining the age of 18 years. The violators of the stay order shall also be punished with simple imprisonment for a term which may extend to three years and fine of up to Rs45,000.

“Child marriage is an appalling violation of human rights and robs girls of their education, health and long-term prospects,” said Qamar Naseem, programme coordinator Blue Veins.

Taimur Kamal, coordinator of Pakhtunkhwa Civil Society Network, said that by permitting child marriages the government of Khyber Pakhtunkhwa is responsible for the serious harms suffered by girls.

“Complications of pregnancy and childbirth are the leading cause of death in young women aged 15-19. Young girls who marry later and delay pregnancy beyond their adolescence have more chances to stay healthier, to better their education and build a better life for themselves and their families,” said Shaheen Quresh, chairperson District Commission on the Status of Women, Peshawar.