A provincial stakeholders seminar on child marriages has called on the Khyber Pakhtunkhwa (KP) government to urgently enact the Child Marriage Restraint Bill to address the deep-rooted social and traditional practice that adversely impacts millions of young lives.
Participants stressed that such legislation is essential to safeguard the potential and future of children.
The seminar was jointly organized by Blue Veins, the National Commission for Human Rights (NCHR), and the Directorate General of Human Rights.
The event featured prominent speakers, including Allama Muhammad Raghib Hussain Naeemi, Chairman of the Council of Islamic Ideology (CII); Maulana Tayyab Qureshi, Chief Khateeb of Peshawar District; Ghulam Ali, Director of the Directorate General of Human Rights; Said Rehman, Director of Local Government KP; Imran Takkar, child rights activist; and Muhammad Rizwan, Coordinator of NCHR, among others.
Speakers highlighted that marriages below the age of 18 constitute a grave violation of fundamental human rights.
They urged the provincial government to make 18 years the mandatory minimum age for marriage for both boys and girls.
Participants expressed concern over delays in enacting legislation and emphasized that existing laws, such as the Pakistan Majority Act 1975 and the Khyber Pakhtunkhwa Child Protection and Welfare Act 2010, define individuals under 18 as children. Therefore, any marriage below this age should be considered illegal.
Qamar Naseem, Program Manager of Blue Veins, shared said according to data collected by international organizations around 21 percent of girls in Khyber Pakhtunkhwa became married before the age of 18 years.
While three percent of girls in the province tie the marriage bond before the tender age of 15 years, Qamar added.
Quoting figures of Health and Demographic Survey Report of KP, Qamar Naseem said 15 percent girls become mother before the age of 18.
Similarly, he continued, 23 percent girls in the province cannot study till 10th grade because of getting married.
He said the colonial era Child Marriage Restraint Act (CMRA) 1929 is still in vogue in the province which defines a child as a person, if a male, is under 18 years of age, and if a female, is under 16 years of age.
The CMRA 1929 provides punishment of simple imprisonment up to one month or fine of Rs. 1000 or both, for contracting a child marriage by a male above 18 years of age; for performing or conducting a child marriage; and for parent or guardian involved in child marriage. He said a new law titled Khyber Pakhtunkhwa Child Marriage Restraint Bill 2021, proposing the marriage age for both male and female as 18, was submitted in KP assembly as private member bill but is not made an Act yet.
The Law department after vetting the draft legislation has announced returning it back to Social Welfare department with some recommendations.
Chief Khateeb Peshawar District, Maulana Tayyab Qureshi extended support to the demand and said religious scholars agree with the fact that a proper age be set for marriages of girls and boys.
Maulana Tayyab also proposed making Nikkah registrar accountable for registration of marriages wherein bride is underage.
Director Local Government KP, Said Rehman apprised participants that around 800 Nikkah registrars have been registered in the province.
The LG department, he continued, has decided to conduct training of Nikkah registrar for proper registration of Nikka forms.
While supporting the viewpoints of seminar participants, Chairman CII, Allama Muhammad Raghib Hussain Naeemi suggested making registration of identity cards in Nikkah forms mandatory to ascertain the age of the bride and groom.
He said CII had recommended to the government in 2018 to take measures for creating awareness among the masses about negative impacts of early marriages on the lives of boys and girls.
Allama Naeemi was also of the view that a uniform Child Marriages Law should be enforced in the country to reflect the consensus of the nation on this important issue.
The seminar also held a discussion on the Kalash Marriage Bill and participants were informed that the final draft of the legislation has been received by the Law Department which after vetting of the legal document would soon send it to the provincial assembly for discussion and passage.
The seminar participants were also informed that around 27 universities out of 34 in Khyber Pakhtunkhwa have shown compliance with a two percent admission quota for the minority community.
Sana Ahmad of Blue Veins said that in 2021-22 only eight to nine universities, both public and private, in the province were complying to the decision of allocation of two percent quota for minority communities.
However, due to joint efforts by Blue Veins, NCHR and minority representatives the number of universities have reached to 27 which are showing compliance. The seminar concluded by emphasizing the urgency of legislative action to curb child marriages and ensure compliance by all the varsities over provision of 2 percent quota to minorities.
