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Express Tribune
2 days ago
- Politics
- Express Tribune
The age of consent & the borders of belief
Child rights organisations and advocates, along with concerned citizens, have warmly welcomed the passage of recent legislation on child marriages, describing it as a landmark step toward protecting the rights and well-being of children. 'The passage of the ICT Child Marriage Restraint Act, 2025 is a defining moment for Pakistan. This legislation affirms our national commitment to protecting children—particularly girls—from harmful practices that rob them of their childhood, health, and future. By setting 18 as the minimum legal age for marriage, we are not only upholding constitutional and international obligations, but also empowering our girls to pursue education, opportunity, and leadership. We also call on the provinces of Punjab, Balochistan and Khyber Pakhtunkhwa to set the same precedent and harmonise their respective marriage laws in line with the rights and best interests of the child', Ayesha Raza Farooq, Chairperson of the National Commission on the Rights of Child (NCRC) said. 'While every piece of legislation leaves room for future improvement which may be addressed sometimes in the rules and sometimes through further amendments, this Act sets a strong precedent in curbing the menace of child marriage," explained child rights expert Syed Miqdad Mehdi. The enactment of the ICT Child Marriage Restraint Act, 2025 marks a significant step forward in the protection of children's rights in ICT. It is a comprehensive legal framework that not only criminalises the practice by making it a cognizable offence, but also rightly categorises it as a form of child abuse and trafficking, aligning with both national and international child protection standards. It is hoped that this landmark legislation will serve as a model for other territories, especially Punjab, Khyber Pakhtunkhwa and Balochistan, to follow it and strengthen their legal response to this grave human rights violation'. The journey toward a safer, progressive and more equitable Pakistan begins with laws that protect its youngest citizens. Therefore, in order to restrain child marriages and protect the basic rights of children, it is expedient to enact a law for ICT. Prevalence of child marriages in Pakistan This act was passed to combat and eradicate the phenomenon of child marriages, which is highly prevalent in Pakistan. According to the Pakistan Demographic and Health Survey (PDHS) 2017-2018, 3.6 per cent of girls under the age of 15 are married off while 18.3 per cent of girls married off are under 18. However, Unicef reports 21 per cent of Pakistani girls are married by the age of 18, and three per cent before 15 years of age. In 2019, the World Health Organisation reported that 21 per cent marriages were being solemnised by the age of 18 years in Pakistan. According to a World Bank report, 18 per cent of girls in Pakistan marry before the age of 18 and 4 per cent marry before the age of 15. It further added that five per cent of boys in Pakistan marry before the age of 18. In 2020, 119 cases of child marriages were reported in the country, of which 95 per cent were of girls and five per cent were of boys, according to a report by Islamabad-based Sahil, a non-governmental organisation working for child protection. In Pakistan, there are various causes of child marriages, the most prevalent being insufficient legislation and lack of political will to ensure implementation of existing laws. There is a dearth of awareness among the public about the damaging effects of child marriages, especially within tribal and feudal societal structures, harmful practices, extreme poverty and illiteracy. Religious beliefs also enable this tradition. Moreover, child marriage often problematically coincides with conversion of religion. Mostly, Hindu girls in Sindh and Christian ones in Punjab are forcibly married to older Muslim men after forced conversions. Child marriage is a form of sexual abuse in which the child is subjected to assault and deprived of their childhood. It affects the psychological well-being and intellectual, personal and social growth of the child. Girls who marry are more likely to drop out of school than other girls. The earlier girls are married, the more children they tend to bear, which contributes to overpopulation. Child brides face greater pregnancy-related health risks and their babies are more likely to have health problems. The high rates of maternal and infant mortality in Pakistan are closely linked to early marriage. Younger girls are more likely to face domestic violence than women who marry later. Additionally, child marriage leads to poverty when it limits the earning ability for girls because of dropping out of schools and missing development opportunities in many cases. ICT Child Marriage Restraint Act, 2025 After the President's assent the Islamabad Capital Territory Child Marriage Restraint Act, 2025 became a law on May 29 and extends to the Islamabad Capital Territory (ICT) of Pakistan. MNA Sharmila Faruqi presented the bill in National Assembly and it was passed on May 16. Subsequently, Senator Sherry Rehman presented it in the upper house. Despite heated debate in the Senate with the JUI-F insisting on sending a draft to the Council of Islamic Ideology (CII), the bill was passed with a majority on 19th May. CII rejected this bill on its own saying it un-Islamic on May 27. The NCRC, a statutory body, overruled the concerns of CII on May 29 stating 'various Muslim-majority countries—including Tunisia, Jordan, Egypt and Morocco—have legislated minimum marriage ages aligned with international standards which means 18 for boys and girls, recognising the long-term harm caused by child marriage'. Interestingly, in 2023 the Federal Sharia Court in the context of Sindh Child Marriage Restraint Amendment Act 2013, gave their judgement that it is the prerogative of the state to set the minimum age for marriage. Salient features of the act According to the new act the age for both girls and boys is 18 years, which is a step forward to eliminate discrimination among children and to promote gender parity. If a parent or guardian permits child marriage or fails to prevent it, they will be punished with rigorous imprisonment of two to three years with fine. The contracting parties will provide Computerised National Identity Card (CNIC) by NADRA to the Nikkah registrar. If the person solemnising the Nikkah doesn't obey it, he will be punished up to one year of imprisonment and one hundred thousand rupees fine. The condition of CNIC will also be helpful in curtailing the phenomenon of forced conversion of minority girls to the majority religion, as it will decrease the chances on manipulating the age. If a male above eighteen years contracts a child marriage, his imprisonment will be two to three years along with a fine. Any form of cohabitation before the age of eighteen years in a child marriage is child abuse and the punishment for any person who induces, forces, persuades, entices or coerces any child bride or child groom to engage in cohabitation will be punished with 5 to 7 years of imprisonment or/and at least fine of a million. Any person who traffics the child from ICT for marriage purpose will be punished with imprisonment of 5 to 7 years with fine. The Court of District & Sessions Judge shall take cognizance of or try any offence under this Act. If anyone submits an application that a child marriage in contravention of this Act is going to be solemnised, after giving a notice, the court will issue an injunction prohibiting such marriage. If the applicant requests to keep his/her identity hidden, then the court shall adopt appropriate measures to protect their identity. An offence punishable under this Act shall be cognizable, non-bailable and non-compoundable. The case will be concluded in 90 days. With the passage of this new law, The Child Marriage Restraint Act, 1929 is repealed for ICT. What do other laws say? After 2010, the prevention of child marriages became a provincial subject. Sindh is the only province so far to have passed a law barring marriage under the age of 18. The Sindh Child Marriages Restraint Act, 2013 makes underage marriage a cognizable and non-compoundable offence. This means that the police can take action on their own to arrest offenders upon any information, and no private conciliatory deals can be made between families, communities or jirgas to bypass the law. The Punjab Marriage Restraint (Amendment) Act, 2015 still permits girls to be married at 16 while the legal age of boys is 18 years and above. Khyber Pakhtunkhwa and Balochistan continue to be governed by the 1929 Act where minimum marriageable age for girls in 16 years and for boys is 18 years. Furthermore, it is imperative to adhere to international conventions such as the UNCRC and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) where the minimum age for marriage is 18 years. Pakistan's commitment to these treaties necessitates taking proactive measures to combat child marriage and protect women's rights. Pakistan is obligated to align national laws with the ratified conventions and to implement these laws. The approval of the new law is at an important time when Pakistan's 6th and 7th combined periodic reports will be reviewed by the UN Committee on the Rights of the Child. This development will be observed positively by the Committee, as it shows Pakistan's inclination to satisfy earlier recommendations Under the UN Sustainable Development Goals (SDGs), countries around the world, including Pakistan, have pledged to end marriages before age 18 by the year 2030. Goal 5 of the SDGs focuses on gender equality and includes target 5.3 to end child marriages. What next? An inclusive set of legal, policy and administrative measures is required to combat child marriages in the country. The following steps are urgently required to save children from the nuisance of child marriage. The Federal Government should make rules for ICT Child Marriage Restraint Act, 2025 without wasting any time. The remaining provinces and territories should take action without delay in passing similar laws—ensuring that no child is subjected to the injustice of child marriage. The Christian Marriage (Amendment) Act, 2024 has been passed in the National Assembly and its current jurisdiction is limited to ICT. All the Provincial Assemblies should immediately submit a resolution as per Article 144 of the Constitution of Pakistan and adopt it in their respective provinces after due process. The Hindu Marriage Act 2017 was promulgated under Article 144 of the Constitution of Pakistan and is applicable in ICT, Punjab, Balochistan and Khyber Pakhtunkhwa. Province Sindh has its own law. The age of marriage is 18 years and above according to these laws. Minorities' Personal Laws override the related laws of the respective territories, provinces where the marriageable age of the girl child is sixteen years, will not be implemented to Hindu girls. Just administrative measures are required for the implementation. For implementation of the Punjab Sikh Anand Karaj Marriage Act 2018 a set of administrative measures is required. A vibrant local government system should be in place to work with Anand Karaj Registrar and the Sangat to register the marriage. Local government bodies must be empowered to ensure that legal safeguards are implemented in letter and spirit. Special safeguards will be needed for any out-standing victims of child marriage. Their protection, privacy, confidentiality, restitution, trauma healing, rehabilitation and fair legal participation must be prioritised. There must be pro bono legal facilities and expedited procedures before, during and post-trial. The state and government personnel (judges, police, medical officers, etc.) involved during the reporting, investigation and prosecution of child marriage cases should be sensitised and held accountable on the issue. All human rights institutions and civil society organisations must support the cause and advocate for the enactment of robust child protection laws. A nationwide campaign can help raise awareness on the damaging effects of child marriages. The public should be made aware of the harms associated with such practices, as well as punitive laws pertaining to child marriages and related crimes. Parents need to be more sensitive regarding child protection so that their children are not victims of pedophilia and child sexual abuse. To combat child marriages, education for every child is a must. This will help enable our future generations to live healthier and freer lives in a more thriving Pakistan. Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author
Express Tribune
11-05-2025
- Politics
- Express Tribune
NCRC report explores emerging child rights issues
A report on child rights unveiled by the National Commission on the Rights of the Child (NCRC) seeks to draw attention to emerging issues such as climate-related vulnerabilities, child online protection and the situation of marginalised groups, said an NCRC official on Sunday. The State of Children in Pakistan 2024 report, prepared in compliance with Sections 15 and 17 of the NCRC Act, 2017, provides an evidence-based assessment of the status of children across the country. The report discusses Pakistan's international obligations and Pakistan's engagement with international human rights mechanisms and frameworks. On this basis, the report adopts a thematic approach and examines children's rights across the four core pillars of the UNCRC: development, survival, protection, and participation. Each section examines emerging trends, legal frameworks, institutional responses, and disparities, the official added. A multi-stage, evidence-based methodology was employed, combining a comprehensive literature review, secondary data analysis, and stakeholder engagement. Based on this research, analytical tools and data templates were developed and shared with federal and provincial duty bearers to promote consistency and inclusivity in data collection. The scope and thematic priorities of the report were identified in line with the NCRC's Strategic Plan 2023-26, ensuring alignment with its mandate and national child rights agenda. These templates specifically requested disaggregated data by gender, disability status, and minority identity in order to identify disparities affecting marginalised children.
Express Tribune
04-05-2025
- Politics
- Express Tribune
Child rights report highlights key issues
The National Commission on the Rights of the Child (NCRC) launched its inaugural State of Children in Pakistan Report 2024 at recently held a ceremony in Islamabad. Federal Minister for Human Rights, Senator Azam Nazeer Tarar, was the chief guest at the launch, which was attended by ambassadors, UN representatives, parliamentarians, civil society representatives, and child rights advocates. The first-of-its-kind national report offers a comprehensive, evidence-based overview of the situation of children in Pakistan, covering key areas such as health, education, child protection, participation, and overall welfare. Developed to address the persistent gap in consolidated child-focused data, the report draws from a wide range of credible sources to present a clear picture of both progress and challenges. Key findings from the report highlight persistent issues, including high rates of out-of-school children, malnutrition, child labour, child marriage, and the vulnerability of children with disabilities and those from minority communities. At the same time, it documents progress in areas such as immunisation, legal reform, and awareness campaigns. The report concludes with practical, actionable recommendations to improve outcomes for children, including investing in early childhood development, strengthening child protection systems, and ensuring inclusive education and healthcare services. In her welcome remarks, NCRC Chairperson, Ayesha Raza Farooq said that while segregated and fragmented data have always existed, there has never been a comprehensive national report built exclusively on a child rights-based framework that integrates data across sectors- education, health, child protection, justice, inclusion, and participation. This report is designed to address that gap and serve as a foundational resource for policymakers, researchers, development partners, and advocates. Importantly, this report is also timely given Pakistan's upcoming review by the UN Committee on the Rights of the Child, scheduled for May 2025. We hope the committee will view this report as a serious and constructive step towards accountability and transparency in fulfilling our obligations under the UNCRC." As part of the launch event, a panel discussion titled "Realising the Convention on the Rights of Child in Pakistan" was held, featuring prominent experts and practitioners. The discussion highlighted critical intersections between policy, data, and action required to fulfil the rights of children in line with the UNCRC. FIA Additional Director, Amna Baig, emphasised the importance of forging strong partnerships with social media platforms to address cybercrime, noting that global policies often fail to reflect local realities, particularly in the context of transnational crimes, calling for greater contextualisation of international best practices. Sarah Belal, Executive Director, Justice Project Pakistan, called for reworking the juvenile justice framework in the country, stressing that child victims should not be criminalised and instead should be supported through diversion programs, rehabilitation centres, and an increased number of probation officers as resources and infrastructure need a significant increase. Dr Manizeh Bano, Executive Director of Sahil, spoke about the difficulties faced by civil society organisations in raising awareness around child rights and urged for stronger grassroots engagement.
