LAHORE: The Lahore High Court has directed the Punjab local government secretary to ensure strict enforcement of law against child marriage, observing that marriages of children were on rampage with impunity.
The court also questioned government’s failure to curb underage marriages and punish the violators.
Justice Anwarul Haq Pannun expressed these views while hearing petitions of two women seeking recovery of their minor daughters when he took notice of the ongoing registration of child marriages.
The judge ordered law officer to submit a report on behalf of the local government secretary, showing the enforcement of the relevant law.
Petitioners Rukhsana Bibi and Irshad Bibi earlier urged the court to order recovery of their daughters from the custody of their alleged in-laws. Pleading that both girls were legally minor and had been ‘abducted’ by their so-called husbands, the lawyers asked the court to order the police to recover them.
The police submitted statements of the girls, claiming they contracted marriage with their free will.
The judge noted that the nikkah (marriage contracts) of the minors were registered by the authorities by tampering with the age or without seeking proof of the ages of the bride and the groom.
Justice Pannun directed a law officer to submit a comprehensive report, mentioning details of the complaints received against the child marriages and action taken by the government so far. The judge observed that action should also be taken against guests at such weddings in addition to the groom, registrar and witnesses.
When the law officer attempted to apprise the court that the local government department had made SOPs to implement the “The Child Marriage Restraint Act, 1929”, the judge noted that apparently they were not being implemented allowing the blatant violation of the law.
The court will resume hearing on June 19.
Under the Punjab Child Marriage Restraint (Amended) Act 2015, the marriage of a male child under 18 years of age and a female under 16 years of age is a cognisable offence, with a maximum imprisonment of six months for the groom, parents and nikkah-khawan.
Published in Dawn, June 13th, 2023
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