June 27, 2024
By Shazia George
Recently, the National Commission on the Rights of the Child (NCRC) took notice of a case involving a 10-year-old girl, Laiba Suhail, and urged the District Police Officer (DPO) Faisalabad and Inspectors General of Police (IGP) Punjab to take prompt action to address the abhorrent practice of child marriage and forced conversion.
Laiba Suhail was abducted from her home in Faisalabad on February 11, 2024, coerced into renouncing her Christian faith, and forced to marry a 35-year-old divorcee, Muhammad Irfan, who converted to Islam to marry a little girl. An FIR (No. 169/24) was lodged at Roshanwala police station under section 365-B of the PPC.
The investigation officer submitted a report before the court claiming that no offense of child marriage was found in the case. This assertion is dubious. A marriage certificate dated March 6, 2024 falsely recorded Laiba’s age as 17 years, which contradicts her actual age of 10 years, as documented by NADRA’s B-form.
Laiba was perhaps forced to testify before the court, “Neither anyone has kidnapped her, nor anyone has married with her and nor anyone has committed zina with her”.
In order to seek justice through legal avenues, Laiba’s father, Sohail Masih, challenged the biased investigation report by filing an application with the SSP Investigation to reinvestigate the case. He also filed an instance application before the court under section 22-A, 22-B CrPC for the issuance of appropriate directives for reinvestigation, initiating departmental proceedings against the investigation officer, handing over the custody of the abductee to the petitioner, and adding relevant offenses against perpetrators to the FIR.
On 25 April, the Ex-Officio Justice of Peace Faisalabad directed the SSP Investigation to decide the application strictly in accordance with the law.
The new investigation officer conducted a fair investigation, arrested Laiba’s purported husband, and submitted a report before the court. On June 3, the judicial magistrate Faisalabad sent the minor child to Darul Aman (shelter home), and ordered police to investigate further adding sections 376, 365-B, 420, 468, 471 of PPC, and 4/5 of the Child Marriage Restraint Act, 1929 against those involved, including the main accused Irfan, abettors, Secretary Union Council, and nikkah khawan.
On June 15, the additional sessions judge, Faisalabad dismissed the petition regarding post-arrest bail of Irfan, the main accused, and sent him to jail. Meanwhile, Syed Shafquat Ali, the accused nominated in a supplementary statement, took away Laiba from Darul Aman Faisalabad, using his influence.
Concerned for Laiba’s safety, the family pursued legal action to recover her from the illegal custody of the accused, who is neither a guardian nor a family member.
The plight of dozens of other girls goes unnoticed due to the justification for child sexual abuse under the guise of forged certificates validating child marriage. A pattern is observed in such cases, where the miscreants abduct minor girls for sexual pleasure, and they are threatened with dire consequences, and coerced into signing life-changing documents, such as marriage and conversion certificates, at the expense of their innocent childhood.
Manipulations during investigations and trials frequently enable perpetrators to evade justice. Although the police and judiciary are the principal custodians of the law and justice, the practice of child marriage and forced conversion is often validated by investigation officers and honourable judges. Misled by forged documents presented by perpetrators and coerced statements recorded by minor victims, the courts tend to issue verdicts that contravene existing laws of the land, allowing perpetrators to escape punishment.
On the other hand, the police response to complaints of child marriage is inconsistent. In certain instances, the police promptly intervene, raiding wedding ceremonies involving minor children and arresting all responsible parties, including family members and nikkah khawan. However, in most cases where complaints are filed after the marriage has taken place, the police response is markedly different.
UNICEF’s data unveils a stark reality that Pakistan ranks sixth globally in terms of the prevalence of child marriage, with nearly 19 million child brides. Shockingly, one in six young women is married before reaching the age of 18 years.
The detrimental effects of child marriage and forced conversion extend beyond physical harm. It profoundly impacts children’s health, emotional, and psychological wellbeing. These practices take away their childhood, dreams, opportunities, and freedoms which hinder their ability to lead independent and dignified lives.
Abducting a minor girl for sexual pleasure is highly problematic in any society, and forcing them into marriage and conversion is a severe human rights violation. It is imperative to recognize that underage children lack the legal capacity to make decisions about choosing their life partner and religion.
The scourge of child marriage will persist in society unless concerned citizens and stakeholders take collective action to unequivocally challenge this egregious practice. They must become guardians of childhood, demonstrating zero tolerance for marriage and forced conversion of underage children, and advocate for legislative reforms that prioritise the best interests and protection of children.
The Punjab government’s cabinet has approved the Punjab Child Marriage Restraint Bill 2024, spearheaded by MPA Sarah Ahmad. This significant legislative move follows a Lahore High Court order by Justice Shahid Karim on the petition filed by Barrister Azka Wahid. Meanwhile, MPA Sobia Shahid submitted the Khyber Pakhtunkhwa Child Marriage Restraint Bill 2024 to the KP Assembly Secretariat. These bills are a ray of hope, aiming to raise the legal minimum age for marriage for girls from 16 years to 18 years, and address the manipulations during investigations and trials.
It is the paramount duty of the state to protect children from abuse and exploitation. The introduction of the Child Marriage Restraint Bill 2024 in provincial assemblies is a crucial step toward safeguarding human rights, which is highly likely to become a pivotal law in preventing child marriage, provided it garners widespread support from all quarters.
The author is a former member of the Punjab Commission on the Status of Women (PCSW). She can be reached at shazia.feminist@gmail.com.