The Punjab government is taking a significant step toward eliminating child marriages by drafting a new ordinance aimed at criminalizing any marriage involving individuals below the age of 18. This proposed legislation, known as the Child Marriage Restraint Ordinance, is expected to be presented in the upcoming session of the Punjab Assembly. The move reflects growing concern over the social and legal implications of underage marriages in the province.
Under the draft ordinance, anyone who is 18 years or older and enters into marriage with a minor will face severe legal consequences. Specifically, the law proposes a minimum imprisonment term of two years along with a fine that could reach up to Rs500,000. This strict penalty underscores the government’s commitment to discouraging such unions and protecting the rights of children.
Moreover, the ordinance does not only target the individuals who marry minors but also those who facilitate these marriages. Parents or guardians who arrange or assist in conducting child marriages may be subjected to imprisonment ranging from two to three years. This provision aims to hold accountable those who perpetuate the practice within families and communities, thereby addressing the root causes of child marriage.
A particularly noteworthy clause in the ordinance addresses the issue of cohabitation or conjugal relations following such a marriage. It categorizes any such relationship with a minor as child abuse, carrying even harsher penalties. Offenders could face imprisonment from five to seven years and fines starting at Rs1 million. This strong stance highlights the government’s intention to protect minors not only from early marriage but also from subsequent exploitation.
The ordinance also outlines procedural aspects for handling cases under this law. All cases will be tried in sessions courts, which will be mandated to complete trials and deliver verdicts within a strict timeframe of 90 days. This expedited process is designed to ensure swift justice and deter offenders effectively.
It is important to note that similar legislation already exists at the federal level and in the Sindh province. In May of the previous year, the national Parliament passed the Child Marriage Restraint Bill, which established 18 as the minimum legal age for marriage. this federal law, any man over 18 who marries a girl under 18 may face up to three years of rigorous imprisonment.
Additionally, the federal law prohibits nikah registrars from solemnizing marriages if either party is underage. Registrars violating this rule could be punished with up to one year in prison and fined Rs100,000. Courts are also empowered to intervene proactively; if they learn of an impending or completed underage marriage, they can issue orders to halt the process. Individuals reporting such cases can request confidentiality, and the courts are obligated to protect their identities and safety.
This upcoming ordinance in Punjab aligns with the broader national and provincial efforts to eradicate child marriage, a practice that has long been criticized for its detrimental impact on the health, education, and rights of children, especially girls. The government’s initiative reflects a growing recognition of the need for stronger legal frameworks and enforcement mechanisms to safeguard young citizens and promote their well-being.
