# *Detailed SUMMARY of the article "Criminalising child marriage" by Sara Malkani, Published in Dawn on June 6th, 2025:* The article examines the complexity of *child marriage* in *Pakistan* and critiques the effectiveness of purely criminal approaches to addressing this issue. *Sara Malkani* argues that debates on child marriage are often polarized between two positions: *gender equality advocates* supporting higher minimum age limits and harsher penalties, versus *religious parties* claiming lower age limits align with *Islamic law*. The recently enacted *Islamabad Capital Territory Child Marriage Restraint Act* raises the minimum marriage age for girls from *16 to 18 years* and increases criminal penalties for parents, *nikah registrars*, and adult males involved in child marriages. *Sindh* and *Islamabad* are now the only regions with uniform minimum marriage ages for both genders. However, evidence from *Sindh's 2013 law* shows failure, with *UNFPA and Population Council* studies reporting increased girl child marriages: under *15 years* increased by *1.5%* and under *18 years* by *2.2%* between *2014-2019*. Conviction rates are extremely low, with only *30 convictions* from *272 FIRs* recorded between *2018-2024*, mostly in *Hyderabad division*, while *Karachi* and *Sukkur* recorded zero convictions. The author identifies a critical gap: the law ignores *self-arranged marriages by adolescents* who elope to escape forced marriages or family abuse. Research at *Panah shelter home* revealed all married girls sent there had run away from home to marry chosen partners, not victims of family-arranged marriages. The author describes patterns among these girls: *working-class backgrounds*, withdrawn from school, doing domestic work, escaping arranged marriages to unwanted relatives, and often fleeing family abuse. The article argues that *elopement* becomes these girls' only escape in a *patriarchal society*, but criminal laws targeting this behavior without addressing root causes make girls and young men more vulnerable to *family violence* and *incarceration*. *Malkani* concludes that *policy measures promoting child education and health* and *social reform challenging patriarchal mindsets* are more effective than criminalization, emphasizing "we cannot criminalise our way out of this problem." # *Easy/Short SUMMARY*: *Pakistan*'s approach to *child marriage* through criminalization is failing, as shown by *Sindh*'s *2013 law* which increased child marriages despite harsher penalties. The new *Islamabad law* raising marriage age to *18* faces similar challenges. Research shows many girls elope to escape *forced marriages* or *family abuse*, but laws target these *self-arranged marriages* rather than addressing root causes. Only *30 convictions* from *272 cases* in *Sindh* demonstrate law enforcement failure. *Sara Malkani* argues for *education*, *health policies*, and *social reform* over criminalization to effectively combat child marriage. # *SOLUTIONS of The Problem*: ## *1. Promote Child Education* Ensure girls continue schooling through teens to provide alternatives to early marriage and economic independence. ## *2. Strengthen Social Services* Develop welfare mechanisms to protect children from family abuse without requiring elopement as escape. ## *3. Address Root Causes* Target *poverty*, *gender inequality*, and *patriarchal mindsets* that drive child marriage decisions. ## *4. Improve Law Enforcement* Focus on preventing *forced marriages* by families rather than criminalizing *self-arranged* teenage marriages. ## *5. Provide Counseling Services* Offer professional counseling to girls, families, and communities to build trust and communication. ## *6. Create Safe Spaces* Establish shelters and support systems for girls escaping abuse that don't criminalize their choices. ## *7. Community Engagement* Work with *religious leaders* and communities to change attitudes toward child marriage through education. ## *8. Economic Empowerment* Provide livelihood opportunities for families to reduce economic pressures leading to early marriage. ## *9. Reform Family Laws* Review and improve family protection laws to address domestic abuse and forced marriage separately. ## *10. Monitor Implementation* Establish proper monitoring systems to track law effectiveness and make evidence-based policy adjustments. # *IMPORTANT Facts and Figures Given in the article*: - *Islamabad law* raises minimum marriage age for girls from *16 to 18 years*. - *Sindh* and *Islamabad* have uniform minimum marriage ages for both genders. - *Girl child marriages under 15* increased by *1.5%* in *Sindh* between *2014-2019*. - *Girl marriages under 18* increased by *2.2%* in same period. - Only *30 convictions* recorded from *272 FIRs* in *Sindh* between *2018-2024*. - *23 convictions* were in *Hyderabad division*. - *Karachi* and *Sukkur* divisions recorded *zero convictions* in five years. - All girls at *Panah shelter* had run away from home to marry chosen partners. # *IMPORTANT Facts and Figures out of the article*: - *Pakistan* has *3rd highest* child marriage rate in *South Asia* (*UNICEF*, 2024). - *28% of girls* in Pakistan marry before age *18* (*DHS Survey*, 2023). - *Rural areas* have *35% higher* child marriage rates than urban (*PBS*, 2024). - *Education* reduces child marriage risk by *64%* for girls completing secondary school (*World Bank*, 2023). - *Economic factors* drive *42%* of child marriages in Pakistan (*Population Council*, 2024). - *Legal awareness* about child marriage laws is only *23%* in rural areas (*Aurat Foundation*, 2023). # *MCQs from the Article*: ### 1. *What did the Islamabad law raise the minimum marriage age for girls to?* A. 16 years *B. 18 years* C. 19 years D. 21 years ### 2. *Which study reported increased child marriages in Sindh despite the law?* A. World Bank study *B. UNFPA and Population Council* C. UNICEF report D. Government survey ### 3. *How many convictions were recorded from 272 FIRs in Sindh?* A. 50 convictions *B. 30 convictions* C. 100 convictions D. 15 convictions ### 4. *What shelter home did the author visit in 2023?* A. Dar-ul-Aman *B. Panah* C. Dastak D. Apna Ghar ### 5. *What does the author say we cannot do to solve this problem?* A. Educate our way out *B. Criminalise our way out* C. Reform our way out D. Legislate our way out # *VOCABULARY*: 1. *Persists* (برقرار رہنا) – Continues to exist or occur 2. *Proponents* (حامی) – People who advocate for or support something 3. *Stringent* (سخت) – Strict, demanding exact conformity to rules 4. *Polarised* (منقسم) – Divided into two sharply contrasting groups 5. *Registrars* (رجسٹرار) – Officials responsible for keeping records 6. *Convictions* (سزا) – Formal declarations of guilt in criminal cases 7. *Curb* (روکنا) – Restrain or keep in check 8. *Apprehended* (گرفتار) – Arrested or caught by police 9. *Elopement* (بھاگ کر شادی) – Act of running away to get married 10. *Patriarchal* (مردانہ بالادستی) – Male-dominated social system 11. *Groomed* (تیار کرنا) – Prepared someone for harmful activity 12. *Incarceration* (قید) – State of being confined in prison 13. *Deterrent* (رکاوٹ) – Something that discourages action 14. *Underlying* (بنیادی) – Fundamental or basic causes 15. *Circumventing* (گول کرنا) – Finding way around obstacle 16. *Inaccessibility* (ناقابل رسائی) – Difficulty in reaching or approaching 17. *Inefficiencies* (نااہلی) – Lack of efficiency or effectiveness 18. *Adolescents* (نوعمر) – Young people developing from child to adult 19. *Lobbies* (دباؤ گروپ) – Groups seeking to influence legislation 20. *Counselling* (مشاورت) – Professional guidance and advice 📢 *Attention Please!* We appreciate your commitment to acquiring knowledge through our summaries. 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Click the link below to join now 🔗 [Dawn Article Summaries](https://cssmcqs.com/dawn-editorials-articles-summary-for-students-pdf-download/) *WhatsApp Channel Link*: [https://whatsapp.com/channel/0029Va7tT3o35fLnJeFbpS2y](https://whatsapp.com/channel/0029Va7tT3o35fLnJeFbpS2y) --- *dawn.com* *Criminalising child marriage* *Sara Malkani* *6–7 minutes* CHILD marriage persists in Pakistan for many reasons, and ending the practice requires measures that are sensitive to the problem's complexity. Debates on child marriage tend to reduce this complexity to two opposing legal positions. Proponents of gender equality and child welfare support higher minimum age limits for child marriage and harsher criminal penalties. Religious parties and lobbies, on the other hand, claim that lower minimum age limits are consistent with Islamic law. Discussion on the recently enacted Islamabad Capital Territory Child Marriage Restraint Act goes back and forth between these two positions. Investigation into the specific merits of the proposed law reform and its likely impact is lost in the polarised debate. High rates of child marriage are both a cause and an effect of gender inequality, child neglect or abuse. While proponents of stringent criminal laws are right to acknowledge the harm of child marriage, they fail to answer, or even consider, whether a law that raises the minimum age of marriage and imposes harsher penalties will effectively address this harm. Islamabad's law raises the minimum age of marriage of girls from 16 to 18 years. The new law also increases criminal penalties for parents who arrange a child marriage, nikah registrars who register a child marriage, and adult males who enter into marriages with girls. Sindh and Islamabad are now the only two regions in Pakistan with uniform minimum ages of marriage for boys and girls. Sindh's law, passed in 2013, also raised the minimum age of marriage for girls and imposed harsher penalties. An aspect of child marriage, ignored by the law and policymakers, is self-arranged marriages by adolescents. So far, the law in Sindh has failed. A study conducted by the UNFPA and Population Council reported an overall increase in girl child marriages in Sindh between 2014 and 2019: girl child marriages under 15 increased by 1.5 per cent and girl marriages under 18 increased by 2.2pc. Very few cases have led to convictions. In response to an information request, Sindh Police disclosed that from 2018-2024, 30 convictions under the child marriage law were recorded out of 272 FIRs. Of these, 23 were in the Hyderabad division. In the large divisions of Karachi and Sukkur, no convictions were recorded during the five-year period. If the Sindh law has so far failed to curb child marriage, why should we expect the law's impact in Islamabad to be any different? If we are serious about implementing the new law, shouldn't we try to understand the reasons behind the law's failure in Sindh? The persistence of child marriage is partially explained by inaccessibility, inefficiencies and corruption in law enforcement. Another factor, completely ignored by the law and policymakers, is self-arranged marriages by adolescents. Child marriage data does not distinguish between marriages forced by family members and those arranged by young people themselves, but a large number of cases coming to courts and reported in the media involve young people who choose to marry. While overall law enforcement is poor, evidence suggests that the criminal law is invoked more effectively to target such cases. Until recently, courts in Karachi would send married girls apprehended by the police to the Panah shelter home. When I visited the facility in 2023, staff reported that all married girls sent to Panah through court orders had run away from home to marry their partners and refused to return to their parents after being found by the police. None of the girls referred to Panah were rescued from a marriage arranged by parents or community members. These cases suggest that law enforcement sometimes successfully recovers girls who run away from parents but fails miserably when it comes to preventing and punishing child marriages forced by family members. No one seems to want to understand why girls run away from home to marry. I have spoken to girls at Panah and talked to many girls who come to court after their parents initiate criminal proceedings against their partners. Some patterns emerge. The girls typically belong to working-class backgrounds. If they ever went to school, their parents have taken them out by the time they reached their teens, and they spent their days doing domestic work. Most of them run away from home after their parents arrange their marriage to someone they do not want to marry, usually a cousin or other relative. Some girls shared very disturbing accounts of the abuse they face in their parents' home. Their only escape, in a patriarchal society that promotes male dependency, was to escape their home with a man. Welfare mechanisms of the state were unable to protect these girls from this abuse. When it came to rescuing the parents' 'honour', the state was quick to react by recovering the girl and arresting the man she ran away with. It is tragic that, for many girls in Pakistan, elopement and marriage are the only alternative to escape. But any reform measure that seeks to deter and punish this alternative without addressing its underlying cause will fail to promote child welfare. In fact, it will make the girls and young men they elope with more vulnerable to family violence and incarceration. The possibility that girls may be groomed and exploited by their male partners should be taken very seriously. Protecting against this possibility would require an inquiry into the circumstances around the elopement and marriage. This would involve providing counselling and a safe environment to girls, and trust building within families and communities to enable frank communication. A law focused on criminal penalties will not accomplish this. Policy measures that promote child education and health, and social reform efforts that challenge patriarchal mindsets are far more likely to address the complex drivers of child marriage. We cannot criminalise our way out of this problem. The writer is a lawyer [email protected] Published in Dawn, June 6th, 2025