Christian Marriage Act: a milestone, not the destination

The newly promulgated law will help combat child marriages, but there is a need to go beyond it

KARACHI:

“In Jahaz Ground, Sahiwal, a thirteen years old student of class seven, Samra eloped with her neighbour Kashif who was seventeen years old and 9th grade dropout. They approached the Catholic Church for their Nikah but the priest refused due to their age. However, they went to Pentecostal Pastor Akram who solemnized their Nikkah in June, saying this age is acceptable according to Christian personal law. Kashif does not hold the National Identity Card, however he is working as an office boy and earning 20,000 PKR per month which is far less than the minimum wage level. Samra is not going to school after her marriage.”, told Ashiknaz Khokhar, a human rights activist from Sahiwal.

Ashiknaz further commented, “the Marriage Act 2024 in Pakistan aims to tackle the pressing issue of underage marriages, setting the minimum age for marriage at 18 years. This legislation seeks to protect the rights and well-being of minors, particularly girls, who are often forced into child marriages, depriving them of education and childhood. The act is a significant step towards curbing child marriage and promoting a safer, more equitable society for all.”

Historical background

About a century and a half ago, the Church of England under British law introduced the Christian Marriage Act 1872 and the Christian Divorce Act 1869 in the Indian subcontinent. Even after Pakistan became a separate country in 1947, the same law was upheld in the homeland.

In 2011, the National Commission on the Status of Women, in consultation with Christian lawyers and willing religious leaders of Christian denominations, tried to amend the awful Christian Divorce Act 1869 by making clause-by-clause amendments. Unfortunately, the proposal was rejected and could not be tabled in the National Assembly.

In 2019, under the leadership of Dr. Shireen Mazari the Ministry of Human Rights prepared the draft of the Christian Marriage and Divorce Act, 2019. Civil society organizations also welcomed it with a few recommendations. The Communities World Service (CWS), the National Lobbying Delegation (NLD) and the Center for Social Justice (CSJ) advocated to moderate public opinion on it. But the bill could not be passed due to opposition from the Catholic Church which objected on basis of the divorce section of the bill.

It is worth noting that when the Church of England changed its laws; marriage and divorce became the matter of civil law, so one wonders why in Pakistan these rotten laws persist.

Christian Marriage (Amendment) Act, 2024

In 2022, then Senator, Kamran Michael; Member of National Assembly, Naveed Amir Jeeva and then Minority/Punjab Member National Commission for the Rights of Child, Dr. Rubina Feroze Bhatti put forward a one-point agenda to increase the age for marriage to 18 years and above. They devised a strategy to amend Section 60 of the Christian Marriage Act, 1872, which allowed marriage for girls at the age of thirteen and above and boys at the age of sixteen and above.

Many rounds of lobbying took place in both houses of Parliament. Civil society and religious leadership were consulted. A delegation of minority children was facilitated in meetings with the then Convener of the Parliamentary Caucus on Child Rights, Mehnaz Akbar Aziz; Chairman Senate, Sadiq Sanjrani; Speaker National Assembly, Raja Parvez Ashraf; Governor Punjab, Balighur Rehman, where they presented the Charter of their rights. While presenting the Charter, the right to prohibit child marriage was on a priority.

Finally, on February 27, the Christian Marriage (Amendment) Act, 2024 was passed by the Senate which was spearheaded by then Senator Kamran Michael. On July 10, it was passed by the National Assembly under the lead of Naveed Amir Jeeva, and on July 23, the President of Pakistan, Mr. Asif Zardari, signed the Christian Marriage (Amendment) Act, 2024 in the presence of a delegation of children.

International obligations

Pakistan has been a member of the International Convention on the Rights of the Child (CRC) since 1990, according to which people under the age of eighteen are children and cannot get married. Even if they give their consent that is not informed consent. Pakistan is a party to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) which prohibits child marriages too.

Pakistan also pledged in the Sustainable Development Goals (SDGs) that by 2030, marriages under the age of 18 will be stopped in the country. Therefore, the state is obliged to review all the laws of the country in such a way that there is a legal prohibition of child marriages.

Impact on children

The promulgation of the Christian Marriage (Amendment) Act, 2024 is a step forward to combat child marriages in Pakistan. With the passage of this act, Christian children will enjoy good health and well-being in line with SDG#3 of the Sustainable Development Goals. Child marriage, when children's bodies are not fully developed, is very harmful to their health. For this reason, young mothers are more prone to maternal complications and their newborns are also more inclined to various mental and physical diseases.

The mental maturity of young married couples is not enough to handle the challenges of married life, so there is more probability of domestic violence. Christian children in Pakistan under the age of eighteen will not be victim of sexual abuse in the name of marriage. They will be able to enjoy their childhood.

The passage of this law will enable Christian children to have access to education in line with SDG#4 and better economic opportunities to advance in life, thereby reducing poverty in view of SDG#1. When the age of marriage for a girl has been increased from thirteen to eighteen years and for a boy from sixteen to eighteen years, it has ended the discrimination among children on the basis of age. According to SDG#5 this is a step towards achieving gender equality.

Further legislation

While the Christian Marriage (Amendment) Act, 2024 will have far-reaching consequences on Pakistan's children, there is also a need to go beyond it. First of all, this law has been passed in the National Assembly, so its current jurisdiction is limited to Islamabad Capital Territory. All the Provincial Assemblies should immediately submit a resolution in their Assembly as per Article 144 of the Constitution of Pakistan and adopt it in their respective provinces. Minorities’ Personal Laws override the related laws of the respective territories, provinces where the age of the girl child in the Child Marriage Restraint Act is sixteen years, will not be implemented to Christian girls.

Apart from this, there are many loopholes in the Christian Marriage Act 1872 which are similarly present in the Christian Marriage (Amendment) Act 2024 and need to be removed. For example, there is a need to remove the irregularities related to priests performing marriages. Nikah should be solemnized in the presence of eligible witnesses and there should be penalties and fine for violations. The condition of solemnizing Nikah after sunrise and before sunset is unnecessary in these days. Marriage registration should be ensured in Union Council and NADRA easily and quickly. Marriage proceedings should be communicated to the bride and groom beforehand in their mother tongue. At the time of marriage, the mental illness or mental disorder of any party should be noted.

Furthermore, the Christian Divorce Act 1869 also needs to be reviewed for the betterment of the community and brought in line with the requirements of today's circumstances. Divorces are happening and these are happening on the false accusation of adultery. Sticking one’s head in the sand is not a solution.

 

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 on X: @NabilaFBhatti

All facts and information are the sole responsibility of the author

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