Senate passes historic bill banning child marriage in Islamabad

• Bill defines child as anyone under 18 years of age, boy or girl.
• Man marrying minor girl risks 3 years' rigorous imprisonment.
• Registrar violating law faces up to 1-year jail, Rs100,000 fine.

ISLAMABAD: The Senate on Monday passed a bill banning the marriage of anyone under the age of 18 in Islamabad Capital Territory (ICT), making child marriage a punishable offence with strict penalties for all those involved in the crime.

Pakistan People’s Party (PPP) Senator Sherry Rehman tabled the bill during a tense session chaired by the Acting Senate Chairman Syedaal Khan.

While making her statement, she emphasised the need for legislation, citing a sharp rise in the maternal mortality rates among juvenile girls.

“Girls as young as 16 become mothers, and many die during childbirth,” she said, adding, “This bill was first unanimously passed by the Senate in 2013.”

The National Assembly unanimously passed the bill last week, which was introduced by MNA Sharmila Faruqui. Once it becomes law, it will apply in the federal capital, and only the district and sessions courts will handle related cases.

The Child Marriage Restraint Act 1929 will no longer apply in the federal capital following the enforcement of the law. However, all past orders, decisions, and judgments made under that act will still be considered valid.

Later, Rehman took to X to celebrate what she called a major step towards protecting children’s rights. 

She wrote: "Landmark day for the Senate of Pakistan today! Proud of the @PPP_Org and all the parties including allies and the opposition for supporting the Child Marriage Restraint bill. This is third time this House has passed this bill in one shape or form.

"I credit @SeharKamran for moving this bill before I did again in the Senate, where it was passed in 2019, but neither of our bills was moved or passed by NA. 

"Today when the Lower House sent the bill to us, moved by @sharmilafaruqi, we jointly passed it yet again. Now it will be law inshallah for ICT."

The bill defines a child as anyone under 18 years of age, whether boy or girl and also states that no nikah registrar (officiant) is allowed to solemnise a marriage if either of the individuals is under 18.

Registrars are also required to check and confirm the age of both parties using their Computerised National Identity Cards (CNIC), issued by Nadra.

As per the legislation, if a registrar violates this law, they can face up to one year in jail and a fine of Rs100,000.

The bill says that any man over 18 who marries an underage girl could face up to three years of rigorous imprisonment.

“Living with a child under 18 in a marital relationship will be considered statutory rape,” the bill states.

Moreover, the legislation also stresses that anyone who forces a child into marriage could be jailed for up to seven years and fined up to Rs1 million.

“The same punishment applies to anyone involved in trafficking a child for the purpose of marriage,” it specifies.

The bill also criminalised abettors and accomplices, stating: “Those who assist in arranging a child marriage may be sentenced to up to three years in prison and fined.”

It further states that parents or guardians who fail to stop or are involved in a child’s marriage can also face up to three years of rigorous imprisonment and a fine.

According to the legislation, courts will have the authority to stop a child marriage if informed in time, while the law also ensures protection for whistleblowers who wish to remain anonymous.

The new law also denies bail to the perpetrators of the crime of underage marriage, and binds the courts of law to complete the trial within 90 days.

According to a Unicef report published on April 30, 2024, adolescent girls in Pakistan face stark challenges in their education, health, nutrition and well-being as the country is home to nearly 19 million child brides.

In addition, the report cites that more than half of adolescent girls, or 54%, are pregnant before their 18th birthday, which can be life-threatening for the mother and the child. A staggering 88% of adolescent girls live in poverty, which hampers the country's progress, it adds.