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Express Tribune
21 hours 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
02-04-2025
- Health
- Express Tribune
Birth registration of girls remains low
A woman goes through the process of finger scanning for the Unique Identification (UID) database system, also known as Aadhaar, at a registration centre in New Delhi, India, January 17, 2018. PHOTO: REUTERS Where limited access to registration centers, particularly in remote and underserved areas, can partly explain the low birth registration rate for girls in Khyber-Pakhtunkhwa, the social bias which confines women to the four walls of the home continues to withhold many from getting a legal identity. In the absence of a birth certificate, not only are girls excluded from availing critical services such as vaccination programs, education, and healthcare, but they are also left vulnerable to malnutrition, child labour, child marriage, exploitation, trafficking, and abuse. Furthermore, in cases of family disputes, abduction, or trafficking, a birth certificate serves as an essential proof of identity and age. According to the 2017-18 Pakistan Demographic and Health Survey (PDHS), only 42 per cent of children under the age of five in the country have their births officially registered. Among the provinces, Punjab leads with a 75 per cent birth registration rate, followed by Balochistan with a 44 per cent rate and Sindh with a 34 per cent rate. K-P has the lowest rate of birth registration among the four provinces, with just 30 per cent of children under five registered with NADRA. Digging deeper into the gender-specific disparities in birth registration, various reports of the Multiple Indicator Cluster Survey (MICS) taken from between 2016 to 2020, have concluded that barely 29 per cent of girls born in the province are registered after birth. Although this difference of one per cent might appear insignificant, the fact that in all the other three provinces, the official birth registration rates for both the genders are the exact same indicates that the barriers hindering birth registration are considerably greater for baby girls than boys in K-P. Professor Dr Anoosh Khan, Chairperson of the Department of Gender Studies at the University of Peshawar, highlighted the gender disparity in birth registration, whereby the reluctance of families to register the birth of daughters deprived girls of basic rights, including access to education, voting, and inheritance. "In remote areas, parents often fail to recognize the importance of registering a girl's birth. This is primarily because they don't envision a future where their daughters can work, go to school, or travel abroad. This mindset is rooted in a lack of education and awareness. The non-registration of girls not only affects individuals but also distorts national data. Incorrect census data can have long-term consequences on resource allocation. When girls' births aren't registered, the true demographic picture is skewed, impacting the country's planning and resource distribution," informed Dr Khan. Dr Khan's views are supported by the fact that in the merged areas of K-P, communities have historically been isolated from mainstream governance. With minimal state presence and a deep-seated mistrust of authorities, many people are reluctant to engage with official processes like birth registration. This mistrust stems from decades of neglect and a lack of proper representation in government affairs, which has left these areas disconnected from the broader system. Imran Takkar, a children's rights activist, emphasized the need for a concerted effort from the government, NGOs, and local communities to ensure that every child, regardless of gender or location, was given access to birth registration. "In order to achieve this, we must integrate birth registration with other services, such as healthcare and education, to improve registration rates in conflict-affected areas," opined Takkar.
Express Tribune
02-03-2025
- Health
- Express Tribune
Labour of loss: untrained midwives imperil perinatal health
'In the land of the blind, the one-eyed man is king.' For a stressed husband struggling to access urgent help for his laboring wife in a remote area with measly healthcare facilities, any elderly woman with experiential knowledge of childbirth is a welcome option regardless of whether or not she has even opened a biology textbook in her life. One such husband was Samar Khan, a local farmer from a remote area in K-P, whose desperate decision to trust an unqualified midwife with the delivery of his wife brought devastating repercussions for his family. When his wife, Shandana, went into labour, Samar rushed her to the nearest healthcare facility, hoping to find the necessary medical care. However, upon arrival, they discovered that the clinic lacked both a doctor and a nurse. With no other choice, Samar took his wife back home, where an elderly, untrained midwife attempted to handle the delivery. For hours, the couple waited anxiously, but things took a tragic turn when the unskilled midwife finally informed him that Shandana's life was at risk and immediate medical attention was required. Samar rushed Shandana to Swat, but tragically, she passed away in the middle of the long journey, leaving behind her daughter. With tears in his eyes, Samar shared the devastating story of losing his wife, lamenting the lack of proper healthcare services in his region. His wife's death is not an isolated case but rather a heartbreaking reflection of the ongoing maternal health crisis in the remote areas of Khyber Pakhtunkhwa (KP), particularly in the merged districts where healthcare infrastructure remains weak and road access limited. Each year, hundreds of mothers in Khyber Pakhtunkhwa, especially in its rural and conflict-affected regions, die during childbirth or due to prenatal complications. The Pakistan Maternal Mortality Survey (PMMS) 2019 revealed a shocking statistic: approximately 1 in every 143 women in Pakistan will die during their lifetime due to perinatal complications. 'Most maternal deaths occur in the far-flung regions of K-P, where healthcare services are limited. When complications arise during pregnancy or birth, many cases are referred to other cities, but due to poor road conditions, these women often arrive at the hospital in critical condition, and sadly, many die before they can be treated,' confirmed Dr Uzma Khan, a gynecologist at a private hospital in Peshawar. According to the Pakistan Demographic and Health Survey, the K-P region struggles with some of the highest maternal and infant mortality rates in the world. In K-P, 62 infants per 1,000 live births die before reaching their first birthday, and approximately 11,000 maternal deaths occur annually. Although the maternal mortality figures might be alarmingly high in the northern-province, access to safe childbirth remains a challenge for low-income women across other provinces too. Naila, a resident of Lahore, shared a heart-breaking account of her pregnant daughter, Kainat's ordeal at government hospitals. 'We regularly visited the out-patient departments of government hospitals for check-ups. When Kainat's delivery time approached, an attendant at the hospital demanded money for a physical examination, claiming that it would expedite the process. She also advised us to visit the doctor privately. When we explained that we were struggling financially and could not afford to pay, the doctors refused to provide medical help despite my labouring daughter having a valid registration card,' lamented Naila. Dr Tayyiba Wasim, Head of Gynaecology at the Services Hospital, confessed that the burden on public healthcare facilities forced low-income patients towards unskilled midwives. 'If the midwives lack proper training, women could suffer from seizures and other complications. In such cases, patients might be taken to private clinics and ultimately to hospitals, where doctors do their best to save their lives—sometimes, however, it may be too late. Midwives should be licensed to practice; if they do not hold a license, their practice should be deemed illegal,' said Dr Wasim. The plight of pregnant women suffering at the hands of untrained midwives is no less daunting in Sindh, where according to the Former Central Secretary General of the Pakistan Medical Association (PMA) Dr Qaiser Sajjad, 30,000 to 40,000 quack doctors and unauthenticated maternity homes are still established in its largest city, Karachi. 'These quack doctors and unqualified midwives administer unnecessary injections and drips to extort money from visiting female patients, while prescribing heavy antibiotics, which also creates resistance in the human body against these unnecessary drugs. Since the past 50 years, quack doctors and unauthenticated maternity homes have been doing illegal work and have now turned into a mafia,' implored Dr Sajjad. According to Professor Dr Sher Shah Syed, a gynaecologist, currently, more than 0.6 million untrained midwives are delivering babies at home across the country, where annually nearly 0.6 million women suffer from, while more than 20,000 others lose their lives to various infections and complications arising during home births. 'Infections during home deliveries are not controlled due to which women suffer from various diseases throughout their lives. There are 85,000 villages in Pakistan, which are home to millions of marginalized women. Unfortunately, most of these villages do not have qualified midwives to save the lives of women and infants. Home deliveries are not the work of quack doulas, but it is the work of qualified community midwives,' stressed Dr Syed. Dr Syed further revealed that since untrained midwives usually used a blade to cut the umbilical cord of the baby, this often caused severe infections and complications. 'Furthermore, these midwives use small obstetric instruments, which are not sterilized. There have been many home deliveries during which the mothers have been rushed to the Rural Health Center due to excessive bleeding but could not survive. So far, there is no compiled data on the rate of infant mortality during home deliveries in the country,' said Dr Syed. According to Former Project Director of Maternal, Neonatal and Child Health (MNCH) Dr Sahib Jan Badar, the Health Department had started a 2-year midwife course in 2008 to eliminate traditional midwives from interior Sindh and replace them with trained community midwives. Under this program, more than 12,000 midwives were trained. 'Almost 22 per cent of women are fertile, out of which 4.5 are pregnant, and are under the care of the community midwife. It is true that women and infants still face complications from untrained midwife-assisted deliveries. Even today, 40 children out of every 1,000 die before reaching the age of one. These deaths mostly occur due to infections acquired during an unsanitary delivery,' noted Dr Badar. On the other hand, Dr Khizar Hayat, Director of the Maternal, Neonatal, and Child Health Program (MNCH) in K-P, spoke to The Express Tribune about the efforts underway to tackle the maternal and child health crisis. He shared that over 19,000 Lady Health Workers were currently serving in Khyber Pakhtunkhwa, and the government planned to recruit more to help prevent maternal deaths. 'The MNCH program aims to provide every woman with access to the healthcare she needs, ensuring the safety of both the mother and child. We are working to develop and update health facilities across the province, particularly in areas that have been historically underserved," claimed Dr Hayat. Commenting on the operations conducted against unauthorized doctors and midwives working in quack maternity homes, Chairman of the Sindh Health Care Commission, Dr Khalid Sheikh, confirmed that the Commission had so far conducted raids against 20,000 quacks in Sindh including Karachi, of which more than 10,000 clinics have been sealed. 'A crack down campaign is also conducted from time to time. If any homeopathic doctor is using allopathy treatment methods in his clinic, then we reserve the right to take action against them and we have also sealed many such clinics. Similarly, if a caesarean section is performed on a pregnant woman in an unapproved maternity home in Sindh, we will take immediate action,' assured Dr Sheikh.
