Zainab Bibi, victim of a compensation marriage at the age of 1, from Pakistan's Northwest Frontier Province
Throughout the world, the problem of early, forced marriages of children is considered to be a violation of basic human rights. In Pakistan most marriages are arranged by families. The boy or the girl is seldom allowed to exercise his or her will in choosing a life partner. Woman has the right to accept or reject marriage proposals. Her consent is a prerequisite to the calidity of the marital contract, according to the Prophet's teaching. It follows that if an 'arranged marriage' means the marrying of a female without her consent, then such a marriage may be annulled if the female so wishes.
In 1990 Pakistan ratified the UN Convention on the Rights of Child, which prohibits child marriages. In addition, under the Muslim Family Ordinance the girl and the boy must have attained the ages of 16 and 18, respectively, and both need to consent before the marriage takes place.
Historically, there have been no measures taken by the state to ensure that marriages are consensual and that in many instances the age of a girl will be changed on her marriage certificate in order to avoid questions raised over her being under-age. The ability of individuals to bypass the law without any fear of repercussions has also perpetuated customary practices of selling girls into 'marriage' in exchange for money, settling disputes with the exchange of girls known as 'vani' or 'swara' and the use of girls or women as compensation for crimes.
This ancient custom, prevalent in Pakistan's Northwest Frontier Province, Afghanistan, and parts of Middle East, refers to the practice of forcing girl children into arranged marriages as compensation for a murder perpetrated by her family, to offset debts, or to settle other inter-clan or family disputes.
While formal laws in Pakistan do not condone these practices, courts do little to address them, allowing informal justice systems to implement a law of their own.
High levels of economic hardship and social inequality often lead families to sell their young daughters into marriages as a means of earning money. Bride prices ranges from Rs. 80,000 to Rs. 200,000 and younger girls receive higher prices.
Such sales are not legal and are not done with the consent of the girl. In some cases the decision is made by one member of the family without consulting any other members.
The recent case of the forced marriage of an eight year old girl in Karachi indicates that this custom is very common in the country, particularly in the rural areas. In the cities too, unless someone reports the incident to the police, the culprits are not punished.
No comments:
Post a Comment